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2008 Supreme(Mad) 453

P.R.SHIVAKUMAR
Mahaboob Basha – Appellant
Versus
Kasthuri Noorjahan & Others – Respondent


Advocates Appeared:
For the Petitioner:Md. Ashfag Rafi, Advocate.
For the Respondents:S.Srinath, Advocate.

Judgment :-

The order of maintenance passed by the learned Chief Judicial Magistrate, Villupuram in M.C.No.10 of 2004 granting maintenance for the respondents herein under Section 125 of Code of Criminal Procedure, is challenged in this criminal revision case.

2. The brief facts leading to the filing of the present revision case can be stated thus:

i) The revision petitioner is the husband of the first respondent and father of respondents 2 and 3 herein. The first respondent-wife was Hindu by birth. There developed an intimacy between the first respondent herein and the revision petitioner who had already married another Muslim woman. Pursuant to the said intimacy, the first respondent converted to Islam and then the revision petitioner married her in accordance with the law applicable to Muslims. Out of the said wedlock, respondents 2 and 3 were born to them.

(ii) Contending that the revision petitioner failed and neglected to maintain the respondents and that the respondents did not have means to maintain themselves, the first respondent herein filed a petition under Section 125 of Code of Criminal Procedure in M.C.No.10 of 2004 on the file of the learned Chief Judicial Magistrate

















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