C.P.SEN
SK HAMID KHAN – Appellant
Versus
JUMMI BI – Respondent
( 1. ) THE applicant has moved this application under section 482 of the Code of Criminal Procedure, 1973, for quashing the order of maintenance granted by the Courts below in favour of the non-applicant.
( 2. ) THE facts not in dispute are that the applicant married the non-applicant in the year 1962 but in March 1968 the applicant gave Talak and the maniage was dissolved. Thereafter the applicant remarried one Mst. Samora bi. The non-applicant then filed Misc. Criminal Case No. 138/ (968 claiming maintenance from the applicant but her claim was rejected on 28-7-1969 on the ground that no maintenance can be granted as the marriage has been dissolved. The order was affirmed by the Additional Sessions Judge in Criminal revision No. 55/1969 decided on 3-3-1970. The non-applicant then filed civil Suit No. 24-B/1970 claiming Mehar amounting to Rs. 1,100 which she alleged was the amount settled at the time of marriage. The suit was dismissed on 30-1-1974 holding that it was a Khoola Talak and the applicant gave divorce after the non-applicant relinquished her claim of dower against him. The judgment was affirmed in Civil Appeal No. 7-B/71, decided on 30-8-1974 by additional Dis
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