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2024 Supreme(MP) 154

PRAKASH CHANDRA GUPTA
Ravi Kiran Arigela – Appellant
Versus
D. Asha – Respondent


Advocates:
Abhijeet Dube for applicant; Anil Kumar Dawale for respondent.

ORDER

1. This revision petition has been filed by the applicant u/S 19(4) Family Courts Act, 1984 (hereinafter referred as Act 1984) r/w S. 397 and 401 of Cr.P.C., against the order dated 11.11.2022 passed by II Additional Principal Judge, Family Court, Indore, M.P. in Miscellaneous criminal case No.578/2016, whereby the learned trial Court has partly allowed an application u/S 125 of Cr.P.C. and awarded Rs.10,000/- per month maintenance to the respondent/wife from the petitioner/husband.

2. It is an admitted fact that the marriage of the petitioner/husband is solemnized with the respondent/wife as per Hindu ritual and rites on 22.3.2015. It is also admitted that in the case of HMOP No.464/2016, the Additional Family Court, Coimbatore allowed a petition u/S 13(1)(i-a) of the Hindu Marriage Act, 1955, filed by the husband and granted ex-parte decree of divorce between the parties on 14.12.2016, on the ground of cruelty by wife.

3. Facts giving rise to this case are that the respondent/wife during pendency of divorce petition at Family Court, Coimbatore, had filed an application for maintenance u/S 125 of Cr.P.C., stating that few days after the marriage, the petitioner had started to

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