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2022 Supreme(All) 516

SANGEETA CHANDRA
Kahkashan – Appellant
Versus
Umesh Kumar Gupta @ Abbas Husain Kahkashan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mohiuddin Khan, Mohammad Aslam Khan.
For the Respondents: Lokendra Kumar Gupta, Ravendra Pratap Singh Cha.

JUDGMENT :

SANGEETA CHANDRA, J.

1. Heard Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohiuddin Khan, learned counsel for the Revisionists and Sri Lokendra Kumar Gupta, learned counsel for the respondent.

2. Kahkashan, the Revisionist No. 1 alongwith her three minor daughters filed an application under Section 125 of the Cr.P.C. on 3 August 2009 claiming maintenance from the respondent of Rs. 20,000 per month for herself and 10,000 per month each for her three daughters i.e. a total of Rs. 50,000 per month. The facts as mentioned by her were that the Applicant had married the Respondent Umesh Kumar Gupta @ Abbas Hussain ‘Khun Khun’ on 24 October 2002 as per Muslim rites and rituals at the residence of the Applicant. The Nikahnamma had been filed as an annexure to the application. After such wedding the applicant started living in the Respondent’s home and three daughters, namely, Neha aged about seven years, Kiran aged about five years, and baby Hina aged about two months, were born out of the wedlock. Initially the Respondent took good care of the applicant and her children but later on started neglecting them as three daughters were born to her one after another and h

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