PUSHPABEN MEHULKUMAR DABGAR Vs. MEHULKUMAR KESHAVLAL DABGAR

JUDGEMENT

(1.) AGAINST the present respondent No.1, who is the husband of petitioner No.1 and father of petitioner No.2, the learned 6th Addl. Civil Judge and Judicial Magistrate (First Class), Gandhinagar, partly allowed Cri.Misc.Appln.No.702 of 2007 vide judgment and order dated 17-4-2007 and directed him to pay Rs.2,000/- towards maintenance of wife and Rs.1,000/- as maintenance of minor child and also to pay Rs.1,000/- towards cost of said application. As the present respondent No.1 failed to make payment of maintenance as per the said order, recovery application being Cri.Misc.Appln.No.281 of 2008 under Sec.125(3) of Cr.P.C. was preferred by the present petitioners for recovery of Rs.88,000/-. As the respondent No.1 still failed to deposit the amount, trial court has awarded sentence of 280 days for the default of maintenance of 28 months i.e. 10 days each per each months' default to the respondent No.1. Said order was challenged before the learned Addl. Sessions Judge and Fast Track Court No.1, Gandhinagar, by way of preferring Cri.Rev.Appln.No.109 of 2008 which was allowed vide judgment and order dated 28-11-2008 and sentence awarded to the respondent No.1 was reduced to 30 days. Being aggrieved by the said judgment and order, this revision is preferred by the wife and minor child.

(2.) HEARD learned advocates, Mr.M.P.Mehta for the petitioners, Mr.Mukesh Dave for the respondent No.1-husband and learned APP, Ms.C.M.Shah for the respondent No.2-State.

(3.) IN view of the above, this revision is accordingly allowed. Judgment and order dated 28-11-2008 passed by the learned Addl. Sessions Judge and Fast Track Court No.1, Gandhinagar in Cri.Rev.Appln.No.109 of 2008 is quashed and set aside. Rule is made absolute.