SUSHILABEN MOHANLAL Vs. MALI CHUNILAL HARGOVIND

JUDGEMENT

(1.) By this revision application under Section 397 of the Criminal Procedure Code, 1973 ('Code' for short, hereinafter), the petitioner has questioned the quantum of maintenance awarded to her in a Criminal Miscellaneous Application No. 149 of 1982, on 29-11-1982, by the learned Judicial magistrate, First Class, at Bhavnagar.

(2.) The present petitioner is, thus, the original applicant-husband and the parties are hereinafter addressed to as 'applicant-wife' and 'opponent- husband' for the sake of convenience and brevity.

(3.) The original applicant-wife claimed Rs. 500/- per month towards maintenance from the original opponent-husband, under Section 125 of the Code, on the ground of desertion and cruelty. She, inter alia, contended that she was driven out of the matrimonial home, mercilessly, as her husband had entered into illicit relation with one lady-Mansa. Three sons were bom out of the wedlock between the parties, which took place in the year 1957, as per Hindu rites. Eldest son-Pankaj, was major when the petition for maintenance came to be filed. Other two sons were minors at that time and they were aged about 12 and 9 years. There is no dispute about the fact that all the three sons are with the original opponent-husband. Equally true is the fact that the original applicant-wife is staying with her mother. The wife further contended that her husband is earning about Rs. 2500/- per month by running a lathe factory. Thus, she pleaded that she is unable to maintain herself and she was neglected by her husband, who is a moneyed man. Therefore she claimed Rs. 500/- by way of maintenance for herself from the husband. The original opponent-husband appeared and resisted the claim for maintenance.