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1988 Supreme(Ori) 179

K.P.MOHAPATRA
ABDUL RAUF KHAN – Appellant
Versus
HALEMON BIBI – Respondent


Advocates Appeared:
Deepak Misra, on behalf of Devanand Misra, for the Appellant; K.C. Mohanty, for the Respondent

JUDGMENT :

K.P. Mohapatra, J. - This is a petition u/s 482 of the Code of Criminal Procedure ("Code" for short) praying for quashing the order dated 17-11-1986 passed by the learned Sub-divisional Judicial Magistrate, Nayagarh directing the petitioner to deposit arrear maintenance of Rs. 2400/- which was due to the opposite parties. A few relevant facts may be stated. Opposite party No. 1 Malemon Bibi and opposite party No. 2 Abdul Asak Khan are the wife and son respectively of petitioner Abdul Rauf Khan, an advocate of Nayagarh. The petitioner divorced opposite party No. 1 in 1970 after which opposite party No. 2 the minor son, lived with the mother. The opposite parties claimed maintenance u/s 488 of the old Code in Criminal Miscellaneous Case No. 13 of 1971. Maintenance at the rate of Rs. 50/- and Rs. 25/- was awarded in favour of the mother and the son respectively. Subsequently, on account of rise in the cost of living; the opposite parties in Criminal Misc. Case No. 14 of 1979 prayed for enhancement of maintenance u/s 127 of the Code and by order dated 2-12-1980 maintenance was enhanced and while opposite party No. 1 was awarded Rs. 150/- opposite party No. 2 was awarded Rs. 5


















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