LILABEN VARUBHAI NATHABHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner herein has preferred this revision application u/s.397 read with s.401 of the Code of Criminal Procedure, 1973 (for short, "the Code") in order to challenge a judgment and order dated 12/06/02 recorded by the learned Addl. Sessions Judge, Mehsana in Criminal Revision Appl.No.129/2001 under which the learned Addl. Sessions Judge allowed the said revision application and set aside an order of the learned J.M.F.C., Visnagar dated 30/08/01 passed in Cr.Misc.Appl.No.147/1999 under which the learned Magistrate granted maintenance to the petitioner u/s.125 of the said Code, at Rs.500/- per month from the date of the application and also awarded cost of Rs.10,000/- to the petitioner.

(2.) The petitioner submitted an application u/s.125 of the said Code to the aforesaid Magisterial Court stating that the respondent herein, being the husband of the petitioner, had neglected or refused to maintain her and that the respondent had sufficient means and despite the said position, the petitioner was not being maintained. Therefore, she was entitled to maintenance u/s.125 of the Code. The respondent herein had taken up a contention that the petitioner was not a legally married wife of the respondent, as much as the respondent had his earlier marriage intact and in force and therefore, since the petitioner was not a legally married wife of the respondent, she could not be treated to be a "wife" within the meaning of s.125 of the said Code and therefore, she was not entitled to maintenance.

(3.) The trial court rejected the said contention and granted maintenance as aforesaid.