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2002 Supreme(MP) 583

S.L.KOCHAR
Leelabai – Appellant
Versus
Kailashchandra – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Manish Manana, Adv.
For Respondents/Defendant: R.N. Gupta, Adv.

JUDGMENT

S.L. Kochar, J.

1. This revision has been preferred by the applicant/wife against the order dated 2nd July, 1999 passed by XV Additional District Judge, Indore Criminal Revision No. 49/98 arising out of the order dated 26th Nov., 1998, passed by the learned Judicial Magistrate, First Class, Indore in Misc. Criminal Case No. 13/98.

2. The essential facts succinctly are mentioned for disposal of this revision as follows :--

On the application filed under Section 125 of the Code of Criminal Procedure (for short, "the Code") by the applicant/wife in Misc. Criminal Case No. 457/98, an order dated 15th October, 1992 for grant of maintenance @ 400/- per month from the date of the order, was passed wherein litigation cost of Rs. 500/- has also been imposed. Pursuant to the aforesaid order, on 29th Dec., 1992 an application for recovery was filed. On 10th January, 1994, non-applicant/husband deposited Rs. 5,700/- vide receipt No. 43 book No. 6093 in the CCD A/c. This amount was for the period 15th Oct., 92 to 14th Oct., 1993 including the cost of litigation Rs. 500/-.

3. Applicant/wife, aggrieved by the order dated 15th Oct., 1992, granting initial amount of maintenance, filed a revisio

















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