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1978 Supreme(Mad) 245

G.N.SABHAHIT
Smt. Zubedabi – Appellant
Versus
Abdul Khader – Respondent


Advocates:
Smt. Yashoda Rao, for A.V. Albal, for Petitioner.
N.A. Mandagi, for Respondent.

Order.- This petition is directed against the order dated 22nd November, 1976 passed by the learned Sessions Judge, Belgaum, in Criminal Revision Application No. 76 of 1975 on his file.

2. The relevant facts necessary to decide the present petition are these:

Smt. Zubedabi instituted an application under section 125 of the Code of Criminal Procedure before the Court of the Judicial Magistrate, First Class. I Court, Belgaum on 12th July, 1974. She alleged that the respondent was her husband and that she was legally married to him on 25th January, 1959 in Khanjar Galli, Belgaum. The parties are Muslims. After the marriage, petitioner resided with her husband in his house in Arlikatti Deshpande Galli, Belgaum. Marriage was consummated. A boy was conceived and he was subsequently born. He was aged more than 14 years at the time of petition. After the marriage of the petitioner with the respondent, the respondent developed illegitimate intimacy with one Shafiya Savanur and he subsequently married her. He was spending most of his time with her to the total neglect of the petitioner. Thereafter, the parents of the respondent told the petitioner to go and stay with her parents. The responden






























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