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1991 Supreme(All) 230

GIRIDHAR MALAVIYA
VISHWANATH CHAKRAWARTI – Appellant
Versus
ANJALI CHAKRAWARTI AND ANR. – Respondent


Advocates Appeared:
KRISHNA MOHAN, YATINDRA SINGH

GIRDHAR MALAVIYA, J.

( 1 ) THIS application under Section 482, Cr. P. C. has been preferred against the order dated 17. 121981 passed by the 8th Addl. District Judge Allahabad in Criminal Revision No. 463 of 1981 whereby he upheld the order dated 22. 6. 1981 passed by the Chief Judicial Magistrate allahabad on the application by the applicant for cancelling the order by which the applicant was directed to pay Rs. 100/- per month to his wife and Rs. 75/- to his daughter per month by way of maintenance under Section 125, Cr. P. C.

( 2 ) THE crux of the matter is that applicant was married to Smt. Anjali Chakrawarti, the Opp-party on 17. 1. 1975. On 25. 3. 1976, an application under Section 125, Cr. P. C. was moved by the opp-party Smt. Anjali Chakrawarti which was allowed, as indicated above, by the Magistrate on 28. 2. 1977. Without adverting to the other details in respect of the proceedings it will be enough to mention that this order dated 28. 2. 77 granting maintenance to Smt. Anjali Chakrawarti and her daughter was confirmed by the High Court in Criminal Revision No. 21 of 1978 passed on 4. 1. 1989, However, in between, on 27. 8. 1979, the petitioner had filed a matrimonial pet
















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