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1978 Supreme(All) 747

P.N.BAKSHI
Wahid Khan – Appellant
Versus
Sarwari – Respondent


Advocates appeared:
M.A. Qazmi, Virendra Saran

JUDGMENT

P.N. Bakshi, J.

1. AN application under Section 125 Cr.P.C. was filed by Shrimati Sarwarl on 20th October, 1976 claiming maintenance allowance of Rs. 75/- for herself and Rs. 50/- for her minor son against her husband Wahid Khan, on the allegation that she was his legally married wife and the latter had failed to maintain her. Wahid Khan was in military service and was drawing Rs. 400/- per month. The husband contested the claim of Shrimati Sarwari. He pleaded that she had been divorced in 1973 and that Sayeed was not his son. Both the parties led evidence in support of their respective claims. The special Judicial Magistrate, first class, after a consideration of the entire evidence on the record came to the conclusion that Shrimati Sarwari was the legally wedded wife of Wahid Khan, that the latter had failed to maintain her and that Sayeed was the legitimate child of Wahid Khan. On these findings a maintenance allowance of Rs. 125/- per month-Rs. 75/-per month for the wife and Rs. 50/- per month for the minor son-was allowed by the trial court from the date of his order viz. 11th July 1977. Aggrieved thereby a revision was filed before the Sessions Judge, Farrukhabad whic








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