SALMABEN YUNUSBHAI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present revision application, filed under Section 397 of the Code of Criminal Procedure, 1973 the applicant-wife has prayed to quash and set aside the order dated 16th January, 2007 passed by the learned Addition 5th Senior Civil Judge and Judicial Magistrate First Class at Nadiad below Exhibit 21 in Criminal Miscellaneous Application No.318 of 2005 and also prayed to enhance the maintenance amount of the applicant-wife under Section 127 of the Code of Criminal Procedure for a sum of Rs.3,000/- per month.

(2.) THE short facts of the case is that the applicant is wife. She got married with the present respondent No.2 and out of their wedlock, they have four children; two son and two daughter. THEreafter there were several disputes between the applicant-wife and the respondent No.2-husband and therefore, the respondent No.2-husband had driven out applicant-wife from her matrimonial house. THErefore, the applicant-wife preferred Maintenance Application before Gandhinagar Court, in which the learned Judge vide order dated 31st March, 2003 has awarded Rs.500/- as maintenance amount. THEreafter, the applicant-wife has preferred another application for enhancement of maintenance amount before the learned Judicial Magistrate First Class, in which the learned Magistrate vide order dated 19th October, 2004 enhanced the maintenance amount to Rs.1,000/-. But due to rise in price of almost all the goods and due to inflation, the said amount of Rs.1,000/- is not sufficient and therefore, again the applicant-wife had preferred application for enhancement of maintenance amount being Criminal Miscellaneous Application No.318 of 2005. In the said application, the learned 5th Additional Senior Judge and Judicial Magistrate, Nadiad vide the impugned order dated 16th January, 2007 enhanced the amount of maintenance to Rs.1,350/-.

(3.) THE applicant-wife is permitted to withdraw the amount so deposited by the respondent No.2-husband and is also permitted to withdraw the amount of maintenance as and when deposited by the respondent No.2-husband. It is open for the applicant-wife to file a fresh application under Section 127 of the Code of Criminal Procedure as and when the need to that effect so arises. Rule is made absolute to the aforesaid extent.