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1976 Supreme(Ori) 77

R.N.MISRA, N.K.DAS
RAMCHANDRA BEHERA – Appellant
Versus
SNEHALATA DEI – Respondent


Advocates Appeared:
A.S.Naidu, C.V.MURTHY, S.MOHANTY

R. N. MISRA, J.

( 1 ) APPELLANT No. 2 Laxmidhar and appellant No. 3 Hira Dei are the parents of appellant No, 1. Appellant No. 4 is the subsequently married wife of appellant no. 1. The respondent applied to the court of the learned Subordinate Judge ,at keonjhar for permission to sue in forma pauperis the appellant No. 1 for maintenance and other reliefs claiming that appellant No. 1, her husband, has not been maintaining her. In the said pauper application, the appellants took the stand that the marriage has been long since dissolved by a decree of the court and, therefore, the respondent has no right of maintenance. Thereupon, the respondent filed the suit for a declaration that the decree for judicial separation and the subsequent decree for divorce had been obtained by fraud and were not binding on her and it be declared that she continues to be the wife of appellant No. 1 and appellant No. 4 is not his married wife and she further claimed for maintenance. In this suit, she applied for interim maintenance and the learned Subordinate Judge by his order dated 15th of april, 1975, directed appellant No, 1 to pay maintenance at the rate of rupees one hundred from the date of inst

















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