RABARI NAGJIBHAI HARIBHAI Vs. BAI ZABER

JUDGEMENT

(1.) The facts leading rise to this revision petition briefly stated are as under Opponent No. 1 (wife) filed Criminal Miscellaneous Application No. 2 of 1969 against the petitioner (husband) under sec. 488 of the Criminal Procedure Code (which will be hereinafter referred to as the Code for obtaining maintenance. Ex parte order was passed in her favour on 15th July 1970 fixing the maintenance amount at the rate of Rs. 100/per month.

(2.) Petitioner (husband) filed Criminal Miscellaneous Application No. 16 of 1970 on 27th July 1970 to set aside that order. It was dismissed on 6th December 1971 He filed Criminal Revision application against that order in the Sessions Court. That application was dismissed by the Sessions Court.

(3.) Opponent No. 1 (wife) filed Criminal Miscellaneous Application No. 1 of 1972 on 5th January 1972 for recovery of arrears of maintenance for a period of thirty-four months i.e. for the period between 4-2-1969 and 31-12-1971.