HANSABEN RAMJIBHAI PITHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocates for the parties. The petitioner by way of this petition approached this Court for following reliefs:

(2.) The facts in brief leading to filing this petition deserve to be set out as under.

(3.) The petitioner, an ex-wife of respondent No. 2 had filed proceedings under Section 125 of Criminal Procedure Code for seeking maintenance from respondent No. 2, wherein the competent Court passed an order on 22.2.1990, ordering interim maintenance of Rs. 250 per month which had culminated into final order of Rs. 400 per month vide order dated 26.4.1991. The said order was subject matter of challenge before this Court in Criminal Revision Application No. 1017 of 1991, which was turned down by this Court in its order dated 13.7.1994. Thereafter the wife applied for enhancement under Section 127, Cr. P.C. and that application was allowed and maintenance was enhanced from Rs. 400 to Rs. 500 vide order dated 18.3.1997. Thereafter the wife had filed Hindu Marriage Petition No. 315 of 1995, wherein on 31.3.1998 an interim order was passed taking into consideration that wife is ordered to be paid Rs. 500 by way of maintenance under Section 125, Cr. P.C. and Rs. 1,200 was ordered and ultimately application made being Hindu Marriage Petition No. 315 of 1995 seeking divorce from husband came to be disposed by decree of divorce dated 8.12.1998 on the basis of the Purshish filed by the husband and endorsed by the wife through her Advocate. The decree was thus passed and the marriage got dissolved vide order and decree dated 8.12.1998. The wife filed another application under Section 127, Cr. P.C. being Criminal Misc. Application No. 3016 of 2005 seeking enhancement of maintenance for receiving Rs. 10,000, in which Exhibit-40 came to be filed inter alia contending that said application was not maintainable in view of the fact that it was agreed for paying Rs. 1,200 in civil proceedings and therefore this application under Section 127, Cr. P.C. is not competent and was required to be disposed of. Said application below Exhibit-40 is accepted by the Family Court and an order was passed on 30.8.2011 which is Subject matter of challenge in this petition as stated herein above.