MAGANLAL RUDABHAI ZAVIA Vs. CHAMPABEN MAGANBHAI ZAVIA

JUDGEMENT

(1.) Present petitioner-original opponent of Cri. Misc. Application No.184 of 1997 and the petitioner of Cri. Revision Application No.119 of 1998 has filed the present Criminal Revision Application against the judgment and order dated 13-8-1999 passed by the Additional Sessions Judge, Junagadh in Cri. Revision Aplication No.119 of 1998 whereby he has set aside the judgment and order passed in Cri. Misc. Appln. No.184 of 1997 filed by the present respondent No.1-wife against the present petitioner-husband under sec.125 of Cr.P.C., which was dismissed by the learned Judicial Magistrate (First Class), Keshod on 16-11-1998, and awarded maintenance of Rs.500.00 per month from the date of filing of Cri.Misc. Application No.184 of 1997, i.e. from 22-9-1997. The Court had also directed the present petitioner to deposit the arrears in the Court of learned Judicial Maistrate (First Class), Keshod within a period of three months from the date of pronouncement of the order, i.e. 13-8-1999. .RS 2

(2.) At the time of issuing notice in the present proceedings, this Court has directed the present petitioner-husband to deposit an amount of Rs.3,000/towards cost of the present respondent No.1-wife and same has been deposited by the present petitioner in the court below. Said amount has been withdrawn by the respondent No.1-wife as per the statement made by the learned advocate for the petitioner.

(3.) I have heard learned advocate appearing for the petitioner, Ms.S.K.Mandaviya, learned advocate appearing for the respondent No.1, Mr.N.C.Thakkar and learned APP for the respondent No.2-State Mr.K.G.Sheth at length.