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2004 Supreme(MP) 518

S.L.KOCHAR
Harinarayan Khati – Appellant
Versus
Rekhabai – Respondent


Advocates Appeared:
C.L.Yadav, Jitendra Bajpayee,

Judgment

( 1. ) THIS revision aims at setting aside the order dated 18-11-2003 passed by the learned Fifth Addl. Sessions Judge, Ujjain in Cr. Rev. No. 131/2003 thereby setting aside the order dated 10-5-2003 passed in Misc. Cr, Case No. 8/01 by the learned Judicial Magistrate First Class, Tarana. The learned Revisional Court granted maintenance to the wife Rekhabai at the rate of Rs. 1,000/- from 17-3-2001 with costs Rs. 1,000/- while the learned Trial Court allowed the application only in respect of non-applicant No. 2 granting him maintenance @ 1,000/- per month from the date of the order till he attains majority and costs Rs. 500/ -. Against the aforesaid order, the applicant/husband has preferred this revision.

( 2. ) BRIEF facts giving rise to this revision are that the non-applicant Rekhabai and her son Kamal had filed an application for grant of maintenance before the learned Judicial Magistrate First Class, Tarana on the ground that the applicant is the husband of non-applicant Rekhabai and she gave birth to a son named Kamal. According to non-applicant Rekhabai in their community, there is custom of dissolution of marriage and custom of second marriage in NATRA form of marr












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