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2013 Supreme(All) 995

MUSHAFFEY AHMAD
Sharif Ahmad – Appellant
Versus
State of U. P. and Another – Respondent


Advocates:
Counsel for the Revisionist : K.C. Saxena.
Counsel for the Opposite Parties : A.G.A., Anand Srivastava, Ateeq Ahmad Khan, Vivek Shandilya , Sudama Ji Shandilya.

Mushaffey Ahmad, J.—

There is no one present on behalf of the revisionist even on the revision of the list. It appears that non-appearance of the revisionist is not unwitting, as he left midway the proceedings before the lower court as well.

Mr Ateeq Ahmad Khan and Mr Sudama Ji Shandilya, holding brief of Mr Vivek Shandilya are present and heard for respondent No. 2.

The revision has been preferred against the order dated 06.03.1995 passed by the Judge, Family Court, Jhansi in Case No. 224 of 1990, under section 125 Cr.P.C. granting maintenance of Rs. 400/- a month to respondent No. 2 from the date of application.

In Criminal Writ Petition No. 5714 of 2009 (in SLP (criminal) No. 2213 of 1988), the Honble Supreme Court has observed in its order dated 09.07.1990 (Smt. Haneefa Begaum vs. Sharif Ahmad) 'that if the petitioner-husband maltreats her in future she will be free to pursue her legal remedy....... As has been observed earlier if any further ground becomes available to the petitioner to move in the matter, the same cannot be brushed aside on the basis that earlier she had lost her special leave petition in this Court.' Under the benign permission of Hon'ble the Apex Court responde









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