USHABEN GANPATSINH BARAD Vs. DEVENDRASINH RAMSINH RAJ

JUDGEMENT

(1.) The unfortunate deserted wife has invoked the revisional jurisdiction of this Court under Secs. 397 and 401 of the Criminal Procedure Code, 1973 ('Cr. P. C.' for brief) as the slice from her bread is sought to be cut away by the learned Additional Sessions Judge of Vadodara by his judgment and order passed on 10/07/1992 in Criminal Revision Application No. 62 of 1992. By the impugned judgment and order the learned Additional Sessions Judge reduced the quantum of maintenance awarded to the present petitioner by the learned trial Magistrate from Rs. 455 per month to Rs. 350 per month practically without assigning any reasons, much less any cogent or convincing reasons in that regard.

(2.) The facts giving rise to this revisional application are not many and not much in dispute. The petitioner was required to file one maintenance application before the appropriate forum in Vadodara some time in 1989. It came to be registered as Misc. Criminal Application No. 45 of 1989. It appears to have been assigned to the learned 4th Joint Civil Judge (J D.) and Judicial Magistrate (First Class) of Vadodara. By his judgment and order passed on 10/01/1992 in Misc. Criminal Application No. 45 of 1989, the learned trial Magistrate accepted the maintenance application made by the petitioner and awarded to her the maintenance at the rate of Rs. 455 per month. Even at that time this quantum of maintenance could not be said to be enough to keep her body and soul together keeping in mind that she was a T. B. patient and also keeping in mind soaring, spiralling and skyrocketing prices of essential commodities day in and day out. The aggrieved husband carried the matter in revision before the Sessions Court questioning the correctness of the aforesaid judgment and order passed by the learned trial Magistrate. His revisional application came to be registered as Criminal Revision Application No. 62 of 1992. It appears to have been assigned to the learned Additional Sessions Judge of Vadodara for hearing and disposal. By his judgment and order passed on 10/07/1992 in Criminal Revision Application No. 62 of 1992, the learned Additional Sessions Judge practically without any ryhme or reason reduced the quantum of maintenance payable to the petitioner herein from Rs. 455 per month to Rs. 350 per month. That resulted in substantial cut in the otherwise meagre amount of maintenance which was awarded by the learned trial Magistrate. She has, therefore, been obliged to invoke the revisional jurisdiction of this Court by means of this revisional application.

(3.) The impugned judgment and order is in Gujarati. The relevant paragraph containing the so-called reasoning for interfering with the quantum of maintenance is as under : <IMG>JUDGEMENT_427_GLR1_1994Image1.jpg</IMG>