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2002 Supreme(MP) 716

S.L.KOCHAR
Khatunbai @ Mehraj Bi – Appellant
Versus
Gani Khan – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: C.L. Yadav, Adv.
For Respondents/Defendant: Abbasali Kanchwala, Adv.

ORDER

S.L. Kochar, J.

1. The applicant has filed this revision petition against the order dated 8-5-2001 passed by IIIrd AST, Dewas in Criminal Revision No. 98/2000 wherein learned Sessions Judge set aside the order dated 25-7-2000 passed in Misc. Criminal Case No. 75/97 by Judicial Magistrate, First Class, Bagli, District Dewas thereby granting maintenance @ Rs. 2000/- per month to the applicant.

2. The facts of the case lie in a narrow compass, that the respondent/ wife, on 22-12-1997, filed an application under Section 125 of the Cr.PC for grant of maintenance before the Judicial Magistrate, First Class, Bagli, District Dewas. According to her, she was legally wedded wife and gave birth to 2 sons named Sabbir and Shakir after marriage. The non-applicant/husband was ill-treating her for demand of dowry. He turned his wife out from the house after beating and ill-treating. As he wanted to marry with other woman, after turning his wife out of the house, he got married with another woman. After desertation, he did not make any provision for her maintenance. Applicant/wife has no source of income to maintain herself whereas non-applicant/husband was earning 3000/- rupees per month as he


















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