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R. N. SHARMA
Ram Raj – Appellant
Versus
Amrawati Devi – Respondent
JUDGMENT
R.N. Sharma, J. - The learned Civil and Sessions Judge, Pratapgarh, has made this reference with the recommendation for setting aside the order dated 27-10-1964 passed by Sri J. N. Dwivedi, Sub-Divisional Magistrate, Patti, directing Ramraj to pay a total amount of Rs. 35/- per month as a maintenance to his wife, Smt. Amrawati Devi and a minor son of the parties. Smt. Amrawati had filed an application under Sec. 488, Code of Criminal Procedure, alleging that the opposite party had opened a shop of betels and cigarettes at Fatanpur which was at a distance of one mile from the parties village. The husband had developed intimate connection with the widowed aunt of one Jag Narain and he mostly lives there. He has also got a daughter of that woman married to his younger brother. He gives beating to his wife and harasses her. He does not provide the wife and the 3 years old son living with her with maintenance. He has also been threatening to turn them out of the house. The wife belongs to a high caste of Hindu society and cannot work as a labourer. Thus she is in great trouble and is unable to maintain herself and son. The husband possesses considerable property and has an incom
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