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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Gajendra Singh, J
Seemabai – Appellant
Versus
Basantilal – Respondent
| Table of Content |
|---|
| 1. procedural history of the maintenance claim and subsequent appeals. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. standard of proof for marriage in maintenance proceedings. (Para 10 , 11) |
| 3. application of adverse inference due to refusal of dna test. (Para 12 , 13 , 14) |
| 4. granting of maintenance and setting aside lower court orders. (Para 15) |
ORDER
This criminal revision under section 397 read with section 401 of the Cr.P.C., 1973 is preferred being aggrieved by judgment dated 05.09.2022 in Criminal Appeal No.58/2018 by the First Additional Sessions Judge, Rajgarh (Biaora) (MP) arising out of order dated 01.11.2018 in Misc. Criminal Case No.29/2014 by Nyayadhikari, Gram Nyayalaya, Biaora Rajgarh (MP) whereby claim of maintenance of the revision petitioners under section 125 of the Cr.P.C., 1973 has been denied on the ground that revision petitioner no.1 is not legally wedded wife of the respondent and petitioner no.2 is not proved to be the son of the respondent.
2. Facts of the case in brief are that:- revision petitioners filed an application under section 125 of the Cr.P.C., 1973 before the Nyayadhikari, Gram Nyayalaya, Biaora Rajgarh (MP) on 24.07.2014 on the ground that
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