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1976 Supreme(All) 292

J.P.CHATURVEDI
Ayub Ali Khan – Appellant
Versus
Haseena Bano – Respondent


Advocates appeared:
Umesh Mohan, Ramo Devi Gupta

JUDGMENT

J. P. Chaturvedi, J.

1. THIS is a revision by Ayub Ali Khan against an order of the learned Sessions Judge, Bareilly, dated 24th February 1975 dismissing his revision against an order of the City Magistrate, Bareilly dated 12th November 1974 granting maintenance at the rate of Rs. 100/- per month to the opposite party.

2. THE facts giving rise to the revision are that Smt. Haseena Bano made an application under section 488 of the Code of Criminal Procedure 1898 in the court of City Magistrate, Bareilly claiming maintenance from her husband Ayub Alt Khan. She alleged that she had been married to Ayub Ali Khan and that she had been discharging the obligations of a wife towards her husband and that the behaviour of her husband Ayub Ali Khan was improper and cruel. She, therefore, left his house and began to live with her father. She was again taken to his house by Ayub Ali Khan but she was turned out of it after beating her. She also gave birth to a son from Ayub Ali Khan. There was an agreement between them under which Ayub Ali Khan agreed to pay Rs. 50/-to the applicant. She claimed Rs. 200/-per month for maintenance.

In his written statement Ayub Ali Khan admitted that the













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