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Anju Garg & Anr. vs. Deepak Kumar Garg (SC)

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Code of Criminal Procedure, 1973–Sec. 125–Application for granting the maintenance–Dismissal–Revision was also dismissed by the High Court–Justification–Family Court proceeded in a pervert manner–Right of respondent to cross-examine the witnesses was closed as he failed to appear before the Court–Evidence produced by the appellant-wife remained unchallenged, therefore, there was no reason for the Family Court to disbelieve her version–There was sufficient evidence to prove that the money was paid to respondent by the father of appellant and the appellant was subjected to harassment–Application of respondent for DNA test of son was also dismissed–Family Court passed the order in cursory manner without assigning the reasons –Held, appellant is entitled to get the maintenance of Rs. 10,000/- per month from the date of filing the application.