TMI Blog1996 (1) TMI 428X X X X Extracts X X X X X X X X Extracts X X X X ..... tition directed against the judgment and order of the Family Court at Agra wherein, on the application of the respondent-wife under Section 125 of the Criminal Procedure Code, maintenance was granted to her at the rate of ₹ 500 p.m. from the date of the application. The order was challenged before the High Court by the appellant-husband as being contrary to the provisions of Section 125(2). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nnot be struck down unless notice has been given to the Attorney General in the case of a Central statute, as here, or the Advocate General in the case of a State statute. According to learned counsel for the husband-appellant, the contention that Section 125(2) was unconstitutional had not even been raised in the pleadings. There is no doubt that the judgment must be set aside insofar as it holds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being heard. 6. Pending the disposal of the criminal revision application by the High Court, the husband-appellant shall pay to the respondent-wife interim maintenance in the sum of ₹ 500 per month regularly and all arrears thereof, if any, shall be cleared within six weeks from today. Learned counsel for the husband-appellant undertakes to court that interim maintenance and arrears shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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