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2007 Supreme(MP) 385

S.S.DWIVEDI
Kailash Khemani – Appellant
Versus
Meena Khemani – Respondent


Advocates:
Z.A. Khan with A. Goyal for applicant; S.I. Gwaliary for respondent.

ORDER

1. The applicant has preferred this revision petition under section 397 of the CrPC, feeling aggrieved by the impugned order dated 30.1.2006 passed by II ASJ, Ratlam, in Criminal Revision No. 159/03, whereby set aside the order of rejection of claim for the grant of maintenance passed by JMFC in Miscellaneous Criminal Case No. 44/03 dated 6.8.2003. The Revisional Court allowed the petition and granted maintenance amount of Rs. 1,500/- per month in favour of the non-applicant, wife.

2. Brief facts of the case are that the non-applicant Smt. Meena Khemani is the legally wedded wife of the present applicant Shri Kailash Khemani. Their marriage took place before 21 years and during their wedlock the non-applicant gave birth to two children namely Hina and Monica. One daughter is living with the applicant/husband and another daughter is living with the non-applicant, wife. It is alleged that the applicant/husband started treating the wife with cruelty and also beat her many times, therefore, she is living separately with her parents at Ratlam. The husband is not paying any maintenance amount to her and therefore on the basis of these allegations the non-applicant/wife with her m












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