JAYANTILAL GOBERABHAI SOLANKI Vs. CHAMPABEN GOBARBHAI MAKWANA

JUDGEMENT

(1.) Present petition has been filed by the petitioner being dissatisfied with the order of maintenance passed by the learned Judicial Magistrate on 30.4.1999.

(2.) The order is challenged on the ground that the Magistrate has erred in awarding the amount in question because there was already an order of the Civil Court, holding that the parties should live together as there was a decree of restitution of conjugal rights. In that view of the matter, it was not appropriate for the Criminal Court to have awarded maintenance because the wife was willfully disobeying the order of the Civil Court in not agreeing to the restitution of conjugal rights.

(3.) The learned counsel for the petitioner in support of his argument has placed reliance on a decision of this Court in the case of Girishbhai Babubhai Raja Vs. Hansaben Girishchandra and another reported 1986(1) GLR 630. That judgment has been read over to this Court. The said judgment has been rendered by this Court in view of the findings of the Hon'ble Supreme Court in the case of Captain Ramesh Chander Kaushal Vs. Mrs. Veena Kaushal and others reported in AIR 1978 SC 1807. The portion quoted in the decision is in part. Para 6 of the said judgment reads as under:-