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2007 Supreme(MP) 1126

ARIJIT PASAYAT, AFTAB ALAM
Chaturbhuj – Appellant
Versus
Sita Bai – Respondent


Advocates:
Shashindra Tripathi, Mrs. Sharad Tripathi and Debasis Misra for appellant;
Shashi Bhushan Kumar for respondent.

ORDER

Pasayat, J. -- 1. Leave granted.

2. Challenge in this' appeal is to the order passed by a learned Single Judge of the Madhya Pradesh High Court, Indore Bench, dismissing the revision petition filed by the appellant in terms of section 482 of the Code of Criminal Procedure, 1973 (in short CrPC). The challenge before the High Court was to the order passed by learned Judicial Magistrate, First Class, Neemuch, M.P. as affirmed by the learned Additional Sessions Judge, Neemuch, M.P. The respondent had filed an application under section 125 of CrPC claiming maintenance from the appellant. Undisputedly, the appellant and the respondent had entered into marital knot about four decades back and for more than two decades they were living separately. In the application it was claimed that she was unemployed and unable to maintain herself. Appellant had retired from the post of Assistant Director of Agriculture and was getting about Rs.8,000/- as pension and a similar amount as house rent. Besides this, he was lending money to people on interest. The applicant claimed Rs.10,000/- as maintenance. The stand of the appellant was that the applicant was living in the house constructed by the pr

























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