MAHESHBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is wife of the respondent No.2. She has challenged the order dated 25th August 2010 passed by the learned Additional Sessions Judge, Ahmedabad allowing the appeal of the respondent No.2.

(2.) Wife had prayed for interim maintenance before the learned Magistrate in proceedings arising out of the Protection of Women from Domestic Violence Act. Such prayer was granted. Husband challenged the said order dated 19.12.2009. Learned Additional Sessions Judge allowed the said appeal and set aside the order of the learned Magistrate.

(3.) Upon hearing the learned advocate for the petitioner and perusing the documents on record, it emerges that the wife had already instituted proceedings for maintenance under Section 125 of Code of Criminal Procedure wherein the competent Court has granted maintenance to the tune of Rs.750/- in favour of son, whereas no maintenance was granted to the wife since it was found that she was serving in a factory earning Rs.2500/- every month, she was able to maintain herself.