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2008 Supreme(MP) 852

RAKESH SAKSENA
Urmila Tiwari – Appellant
Versus
Chandrika Prasad Tiwari – Respondent


Advocates:
Ms. Devika Singh for applicant; Umesh Tiwari for respondent.

ORDER

1. Applicant (wife) has filed this revision against the order dated 14.1.2004 passed by the Judicial Magistrate First Class, Mandla in Miscellaneous Criminal Case No. 1/2004, dismissing her application for maintenance filed against the respondent (husband) under section 125 of the Code of Criminal Procedure.

2. Case of the applicant is that she was married to the respondent on 13.5.1962. After marriage, she continued to live with her husband till 1969. Thereafter, she fell seriously ill, therefore, her father took her and got her treated in the hospital. According to her, respondent did not care for her treatment and also demanded Rs. 20,000/- from her. Since the year 1969, she resided at her father's house. Since her father died and her brothers were able to look after only their families and she had no sufficient means of herself for maintenance, she filed an application for maintenance in the year 1989, which was dismissed for want of prosecution on 24.4.1995. She then filed the present application on 3.5.2000. According to the applicant, her daughter Anita continued to live with the respondent. Respondent performed her marriage without her consent and without informing











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