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RAJENDRA YADAV versus SMT MAMTA YADAV AND ORS

High Court of Rajasthan

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RAJENDRA YADAV v SMT MAMTA YADAV AND ORS - CRLMP Case No. 36 of 2006 [2007] RD-RJ 5422 (15 November 2007)

CMP 36/06

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH

S.B. CRIMINAL MISC. PETITION NO.36/06

Rajendra Yadav

Versus

Smt. Mamta Yadav & Anr.

DATE OF ORDER :: 15/11/2007

HON'BLE MR. JUSTICE AJAY RASTOGI

Mr. Manish Sharma for Mr. S.P. Sharma, for petitioner

***

Instant petition has been filed assailing order dated 30th November, 2005 whereby learned trial Judge while accepting application filed by respondents u/s.125 Cr.P.C. granted Rs.800/- as maintenance to wife and Rs.400/- to her minor daughter to be payable from 13th April, 2004.

Counsel for petitioner submits that he is nowhere in regular employment and works as daily wager and he has no means even for his maintenance. Apart from it, it was alleged by him in reply to application that she is living adulterous life and no child was born from their wedlock. As such, she is not entitled for maintenance.

Learned trial Judge after taking into consideration the material on record observed that so far as marriage is concerned, same is not in dispute and child also born thereafter and no

CMP 36/06 cognizance can be taken with regard to adulterous life as alleged, if any, at this stage and apart from it, it appears from the order that FIR was registered against petitioner u/ss.498A & 406 IPC and looking to the allegation levelled it was certainly not possible for her to live at matrimonial home.

This court does not find any error in the order impugned which may call for interference.

Consequently, the misc. petition is devoid of any merit and accordingly, dismissed. [AJAY RASTOGI],J.

FRBOHRA,JR.P.A.36CMP2006 15-11.doc


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