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2012 Supreme(All) 179

SURENDRA KUMAR
MANOJ KUMAR GUPTA – Appellant
Versus
KAMLESH KUMARI – Respondent


Advocates Appeared:
R.C. Gupta for the Revisionist; A.G.A. for the Respondents.

JUDGMENT

Hon’ble Surendra Kumar, J.—Heard learned counsel for the revisionist and learned A.G.A.

The husband Manoj Kumar Gupta, who is revisionist, has filed this revision petition in this Court, impleading his wife Smt. Kamlesh Kumari as opposite party No. 1 and II Additional Chief Judicial Magistrate, Banda as opposite party No. 2, against the order dated 27.9.1993 passed by the II Additional Chief Judicial Magistrate, Banda in Case No. 243/IX/1990, Smt. Kamlesh Kumari v. Manoj Kumar Gupta, under Section 125(3) Cr.P.C., Police Station Kotwali Nagar, Banda, District Banda, by which recovery warrant for the interim maintenance amount remaining unpaid was directed to be issued against the husband and 16.10.1993 was fixed for further orders in the matter.

2. It appears that the wife was awarded interim maintenance since 18.8.1989 at the rate of Rs. 400/- per month in the petition under Section 125 Cr.P.C. and the husband was directed to pay the amount of maintenance to his wife. The amount of maintenance became due from 18.8.1989 to 31.7.1992, hence the wife moved an application dated 31.7.1992 before the Court below under Section 125(3) Cr.P.C. with the prayer that a recovery warrant













































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