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2022 Supreme(Del) 1989

SWARANA KANTA SHARMA
Sarita Bakshi – Appellant
Versus
State – Respondent


Advocates appeared:
G.P. Thareja and Rahul Singh, Advocates, for the Petitioner.
Panna Lal Sharma, APP, for the State with SI Vijay Dutt, P.S. Laxmi Nagar.
Saurabh Kansal and Ms. Ashu Chaudhary, Advocates, for the Respondent-2.

JUDGMENT

Swarana Kanta Sharma, J.

INDEX
S. No.ParticularsParas
1.Facts of the Case2
2.Submissions of learned counsels3-4
3.Section 125 Cr.P.C.5-10
i) Objective5-7
ii) Law8-10
4.Section 127 Cr.P.C.11-15
i) Objective11-13
ii) Law14-15
5.Change in circumstance in context of Section 127 Cr.P.C.16-18
6.Dependency/Dependent19
7.Findings20-29
8.Conclusion30-31

1. The present Revision Petition has been filed, challenging the order dated 04.07.2018, passed by the Principal Judge, Family Court, East District, Karkardooma Courts, Delhi wherein respondent no. 2 was directed to pay revised maintenance of Rs.6,000/- (Rupees Six Thousand only) per month to the petitioner.

Facts of the Case

2. The brief facts leading to the present petition are as under:

a) The marriage of the petitioner/wife was solemnized with respondent no.2 as per Hindu rituals on 06.12.1992. Out of the wedlock, a son was born on 20.09.1993. Disputes arose between the petitioner and respondent no.2 herein, and subsequently the petitioner filed a petition under Section 125 of Code of Criminal Code, 1973 (Cr.P.C.) for grant of maintenance. By virtue of order dated 14.10.1998 learned Metropolitan Magistrate (MM) directed respondent no.2/husband

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