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1998 Supreme(Ori) 162

P.K.TRIPATHY
JASHELAL AGRAWAL ALIAS JAIN – Appellant
Versus
PUSPABATI AGRAWALA – Respondent


Advocates Appeared:
B.N.RATH, B.SENAPATI, J.N.RATH, K.M.H.Niamati, K.R.MOHAPATRA, P.K.SAHU, P.Mohapatra, S.Ghosh, S.K.JETHY, S.K.PUROHIT, S.N.MOHAPATRA

P. K. TRIPATHY, J.

( 1 ) THIS revision application is directed against the judgment dated 26-3-1996 in Criminal Misc. case No. 41 of 1980 of the court of Judicial Magistrate 1st class, Kantabanji.

( 2 ) OPPOSITE party was the legally married wife of the petitioner. Their marriage was solemnised on 17-5-1970. On 28-8-1980, opposite party filed a petition under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code') claiming for maintenance on the ground of ill-treatment, cruelty and desertion and that she had no means to sustain her life whereas the petitioner is an earning person and capable of providing maintenance. On 4-1-1992 opposite party's claim for maintenance was allowed. Petitioner approached this Court in Criminal Misc. case No. 2291 of 1992 under Section 482 of the Code via the court of Addl. Sessions Judge, Titilagarh in Criminal Revision No. 6/9 of 1992. After filing of the petition u/s. 125 and before the J. M. F. C. , Kantabanji could pass the order for maintenance on 4-1-1992, there were several rounds of civil litigations between the parties. Petitioner's case for restitution of conjugal right/divorce vide Title Suit No. 14 of 1980 was decreed in















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