NIRMALABEN Vs. NITIN MAKWANA

JUDGEMENT

(1.) This petition is filed by the petitioner who is the wife of respondent No. 1 claiming interim maintenance at the rate of Rs. 500/- till her regular maintenance application pending before the learned Magistrate is decided.

(2.) There is a chequered history between the parties. Her marriage took place on 1-5- 1985 and within less than 4 months it is alleged that she was driven out by her husband on 25- 1-1986 with the clothes put on by her. However, the matter was compromised between the parlies at the instance of other relatives and thereafter she had gone to stay with her husband. But even thereafter her husband ill-treated her and gave such medicine which caused abortion. Thereafter, her husband did not take any care of his wife nor made any attempt to take her back. Therefore, the wife had filed maintenance application being criminal miscellaneous application No. 622 of 1988 before the Court of learned Chief Judicial Magistrate claiming maintenance at the rate of Rs. 500/- per month. In that application she had filed interim maintenance application Exh. 7 on 16-5-1988 which was rejected by the learned J.M.F.C. on 17-1-1990. Thereafter, in H.M.P. filed between the parties, i.e. H.M.P. No. 67 of 1988 the matter was compromised and as per the terms of compromise both the applications, i.e. H.M.P. petition No. 67 of 1988 and Criminal Misc. Application No. 622 of 1988 were accordingly disposed of. However, thereafter again the wife was driven out by her husband. Therefore, she had filed maintenance application being Criminal Misc. Application No. 404 of 1991 before the Court of learned Chief Judicial Magistrate, Rajkot wherein application Exh. 5 was presented on 30-3-1991 claiming Rs. 1000/- per month till the maintenance application is decided. The respondent husband filed his reply Exh. 12 wherein he has denied all allegations made against him. However he has admitted that his monthly income is Rs. 1800/- only. As againt the case of the petitioner- wife is that her husband is serving in Sales Tax Office and his monthly salary is Rs. 2000/-.

(3.) The learned J.M.F.C. by his order dated 27-1-1992 awarded Rs. 150/- towards interim maintenance to the petitioner instead of Rs. 1000/- claimed by her.