SAKARBEN SHAMBHUBHAI RABARI Vs. SHAMBHUBHAI MASHARUBHAI RABARI KALOTARA

JUDGEMENT

(1.) Heard learned advocate Mr. A.V. Vyas for the applicants.

(2.) The applicants have challenged the order dated 06/03/2014 passed by the Sessions Court, Patan in Criminal Revision Application No.78 of 2010 under Section 397 of Cr.P.C. Therefore, basically this is the second Revision Application against the judgment and order dated 31/08/2010 by the 4th Additional Civil Judge (S.D.) and Additional Chief Judicial Magistrate at Patan in Criminal Misc. Application No. 127 of 2002.

(3.) The applicants have filed such Criminal Misc. Application No. 127 of 2002 under Section 125 of Criminal Procedure Code, claiming maintenance from the respondent no.1. Applicant no.1 is wife of respondent no.1, whereas, applicant no.2 is minor son of both of them. By order dated 31/08/2010 practically application of the applicants herein is partly allowed and thereby the first trial Court has awarded the amount of maintenance of Rs.7000/wherein Rs.4500/is towards maintenance of the applicant no.1 being wife and Rs.2500/is for applicant no.2 being son. The copy of such order confirms that application was filed on 12/06/2002 and decided on 31/08/2010 i.e. after eight years and amount of maintenance has been awarded from the date of application thereby the enhanced amount of maintenance is already awarded for more than eight years.