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2000 Supreme(Ori) 280

P.K.MISRA
KANHU CHARAN JENA – Appellant
Versus
NIRMALA JENA – Respondent


Advocates Appeared:
A.Parida, B.P.SARANGI, G.K.Mishra, G.N.Mishra, K.KHUNTIA, M.R.MOHANTY, S.K.MISHRA, S.P.Misra

P. K. MISRA, J.

( 1 ) BOTH these cases have been filed by the husband challenging the legality of the order of maintenance passed in favour of the wife. The opposite party had filed an application under Section 125, Code of Criminal Procedure. The Magistrate after negativing the plea of the husband and accepting the plea of the wife directed for payment of maintenance at the rate of Rs. 500/- per month from the date of the order. Against the aforesaid order, the present opposite party filed Criminal Revision No. 25/98 before the Sessions Judge, Khurda, mainly on the ground that the Magistrate should have directed for payment of maintenance from the date of application and not from the date of the order. The aforesaid contention was accepted by the Sessions Judge, who directed that such maintenance should be paid from the date of the application. This order is being challenged in Criminal Misc. Case No. 451/99. The husband has also filed connected Criminal Revision No. 385/98 challenging the order of the Magistrate directing payment of maintenance. In the said revision, it is contended that no maintenance should have been directed to be paid and, at any rate, payment of Rupees 500/-





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