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2002 Supreme(MP) 750

S.L.KOCHAR
Raisabee – Appellant
Versus
Shajad – Respondent


Advocates Appeared:
M.RAVINDRAN,

Judgment

( 1. ) THIS criminal revision is directed against the order dated 9. 8. 2001 passed by the Additional Sessions Judge, Agar in Cr. Revision No. 52/2000 arising out of the order passed on 21. 1. 2000 by the Judicial Magistrate, First Class, Susner in Cr. Case No. 45/1997 thereby rejecting the application filed Under Section 127 (3) (b) of the Code of Criminal Procedure (hereinafter referred to as the Code) filed by the non-applicant Shajad for cancellation of the order of maintenance. The learned Addl. Sessions Judge, while allowing the revision, set aside the order of the JMFC and allowed the application made Under Section 127 (3) (b) of the Code.

( 2. ) THE contention of the learned Counsel for the applicant is that since the order of maintenance was passed in favour of the non-applicant Raisabee Under Section 125 of the Code by order dated 28. 1. 1985, now the same cannot be set aside under the provisions of Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as Muslim Women Act for short) and she is entitled for receiving the maintenance as per order dated 28. 1. 1985. Learned Counsel has relied on a Division Bench decision passed in Munni Beg









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