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1975 Supreme(All) 333

H.N.KAPOOR
Dassu – Appellant
Versus
Manitra – Respondent


H. N. KAPOOR, J.

( 1 ) THIS is a petition under Section 482, Criminal Procedure Code praying that the order passed by the Magistrate under Section 488, Criminal Procedure Code allowing maintenance to the opposite party Smt. Manitra be quashed. In this case a revision had already been filed (Cr. Revision No. 31 of 1974) which was dismissed on 6-5-1975. No second revision lies under Section 397 (3), Criminal Procedure Code, The provisions under Section 482, Criminal Procedure Code cannot be invoked for the purpose of circumventing the express provisions under the Code. Smt. Ramo Devi Gupta, learned Counsel for the applicant, however, argued that the question is one which goes to the very root of the jurisdiction. In this case it has been challenged that there was no valid marriage between the applicant and the opposite party. According to her, the opposite party no doubt examined some witnesses including herself and all that was stated was that she was married with the applicant. Her argument is that a bald statement itself was not sufficient as it had to be proved that all the necessary ceremonies had been performed. It appears that even the Pandit, who performed the marriage ceremo







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