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2018 Supreme(All) 1806

OM PRAKASH VII
Shahjahan – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Agrawal
For the Respondent: Rajesh Kumar Singh, Vinay Kumar Singh

JUDGMENT :

Om Prakash-VII, J.

This revision is directed against the judgment and order dated 23.4.2010 passed by the Principle Judge, Family Court, Jhansi in petition no.335 of 2008 (Smt. Shahjahan and others Vs. Gaffar Khan) under section 125 Cr.P.C., P.S. Mahila Thana Navabad, Jhansi.

2. Heard Sri Sanjay Agrawal, learned counsel for the revisionist and Sri Vinay Kumar Singh, learned counsel for the opposite party no. 2 as well as learned A.G.A. for the State.

3. Submission of the learned counsel for the revisionist is that the revisionist is the legally wedded wife of opposite party no.2. It was a second marriage. Opposite party no.2 is neglecting in maintenance of her wife and is not paying any amount in further maintenance. She was ousted by the opposite party no.2 from her in-laws' house. Findings recorded by the court below denying the maintenance to the revisionist is illegal, perverse and against the law and facts. In support of his contention, reliance was placed by the learned counsel for the revisionist on the following case laws :

1. Mustafa Shamsuddin Shaikh Vs. Shamshad Begum Mustafa Shaikh, 1990 (2) BomCR 697.

2. Munesh Kumari Vs. Shri Sheo Raj Singh and Anr., 2003 (1)







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