CHETANBHAI NAVNITBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is husband of respondent No.2. Respondent No.2 wife had filed an application for maintenance before the Judicial Magistrate, First Class, Junagadh being Criminal Misc. Application No.748 of 2004. The learned Magistrate by his judgment dated 16.12.06 dismissed the application holding that the wife had deserted the husband and was residing voluntarily at her parents house and she was, therefore, not entitled to any maintenance. The wife thereupon filed Criminal Revision Application before the Sessions Court. The learned Additional Sessions Judge by the judgment and order dated 22.1.2009 reversed the judgment of the learned Magistrate and remanded the proceedings for computation of maintenance. It is this order which the husband has challenged in the present Revision Application.

(2.) Counsel for the petitioner vehemently submitted that the evidence on record conclusively proves that the wife had deserted the husband and she was not willing to reside with the petitioner. She was, therefore, not entitled to any maintenance. He referred to sub-section (4) of section 125 of the Criminal Procedure in this regard. He also referred to a decision of the Apex Court in the case of Deb Narayan Halder v. Anushree Halder, (2003) 11 SCC 303.

(3.) On the other hand, learned counsel appearing for the respondent wife opposed the petition contending that there was sufficient evidence on record on the basis of which the learned Sessions Judge reversed the decision of the Magistrate.