VANITABEN NARANBHAI Vs. NARANBHAI RAGHAVBHAI MAKWANA

JUDGEMENT

(1.) . Petitioners herein are the original applicants, who claimed maintenance by invoking the aids of the provisions of Sec. 125 of the Criminal Procedure Code, 1973 ("Code" for short, hereinafter) from respondent No. 1 herein/original opponent, by filing a Misc. Criminal Application No. 30 of 1987. Petitioner No. 1 is the wife and petitioners Nos. 2 and 3 are the minor children of the opponent. The wife claimed Rs. 400.00 for her maintenance and also claimed Rs. 300/- by way of maintenance for each child per month from the opponent.

(2.) . She inter alia contended that her husband is a man of means and doing wholesale business of kerosene. She further contended that her husband is also owning one taxi-rickshaw and also some building. According to her contention, her husband was earning Rs. 10,000.00 to Rs. 12,000.00 per month. She was unable to maintain herself and her two children. She was staying separate. Therefore she claimed maintenance from the opponent for herself and for two children by filing application in the Court of the learned Judicial Magistrate. First Class, at Jamnagar.

(3.) . Opponent/husband appeared and resisted the claim for maintenance, Allegations made in the application for maintenance were denied. It was denied that he was earning Rs. 10,000.00 to Rs. 12,000.00 a month. The opponent/husband contended that he is a small hawker selling kerosene. He denied to have possessed or owned any immovable property of vehicle.