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2006 Supreme(MP) 58

S.C.VYAS
Sharda – Appellant
Versus
Purushottam – Respondent


Advocates:
A.K. Nalwaya for applicant; S.K. Verma for respondent.

ORDER

1. This revision under section 397 of the Criminal Procedure Code, is directed against the order dated 27.7.2005 passed by Additional Principal Judge, Family Court, Indore in Misc. Judicial Case No. 22/2005, whereby application filed by the applicant under section 125 of the Code of Criminal Procedure has been rejected on the ground that her alleged marriage with the non-applicant was nullity.

2. The applicant submitted an application under section 125 (1) of the Criminal Procedure Code, 1973 before the learned Family Court with a prayer to award Rs. 3,000/- per month as maintenance, from the non-applicant, on the ground that her marriage with the non-applicant was solemnized in Khajrana Ganesh Mandir, Indore on 13.12.1998 as per Hindu rites and customs and thereafter she started living with the non-applicant at his residence. It has also been contended that thereafter she became pregnant but on the advice of the non-applicant aborted the child. She has further contended that on 19.2.1999 non-applicant ousted her from his home and stopped even talking to her. She has no means for her maintenance whereas non-applicant is working as clerk in account section in Municipal

















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