SAROJBEN THAKORBHAI PATEL SMT Vs. THAKORBHAI ISHWARBHAI PATEL

JUDGEMENT

(1.) The petitioner-wife had filed an application under sec. of the Criminal Procedure Code for maintenance before the Metropolitan Magistrate Court No. 15 Ahmedabad. The said case was numbered as Criminal Case No. 10 of 1982. She claimed maintenance at the rate of Rs. 1000/ per month for herself and at the rate of Rs. 450.00 per month for each of her two children aged about 13 years and 8 years. 11 is her say that she married opponent No 1 in the year 1967. They lived together as husband and wife happily till 1980 In 1980 she was beaten and mentally tortured by opponent No. 2 She was driven out by her husband. However the husband was persuaded to keep the wife by the relatives. It is her say that opponent No. 1 was quarrelling with her and was alleging that she was a wanderer and that he did not like her and he wanted to have a divorce. She further alleged that on 19/08/1980 the severely beat her and made preparations for throwing acid on her with an intention to disfiguring her. On that day she was driven out and was threatened by the husband that if she entered the house he would sprinkled acid on her and would kill her. She has further alleged that the opponent No. 1 had snatched away from her golden ornaments weighing about 60 tolas and other ornaments and household kit and wearing apparel and drove her out of the house with the only clothes which she had put on her person. With regard to the income it is her say that her husband has a house at village Narol and extensive lands at that village from which he is having an annual income of Rs. 40.000.00. It is her say that opponent No. 1 is having big business of electrical and from which he is having income of Rs. 3 lacs per year. She has alleged that the opponent No. 1 is having also iron powder factory and. therefore she has prayed for maintenance as stated above

(2.) Opponent No. 1 has denied the contents of the application filed by the petitioner. It is his say that the wife had left his house of her own free will. He has also alleged that the wife is spend thrift by nature and she has formed the habit of seeing modern films and is behaving in a manner which would least befit the status and reputation of his family. He has further alleged that the petitioner was indulging in moving about in the company of other males in his absence. It is his allegation that to facilitate her that sort of activity she had on her own left his house. He has further alleged that his mother suffered a mental shock because of her unbecoming behavior and had died. He. therefore submitted that the petitioner was not entitled to have maintenance.

(3.) The learned Metropolitan Magistrate by his judgment and order dated 30/04/1983 allowed the said application and granted maintenance to the petitioner wife at the rate of Rs. 200.00 per month and for her son Jatin and for her daughter Deepti maintenance at the rate of Rs. 125.00 per month after taking into consideration the income of the opponent No. 1. Against the said orders the opponent No. 1 had preferred Revision Application No. 207 of 1983 before the City Sessions Judge at Ahmedabad. The said revision application was allowed by the learned Sessions Judge by his judgment and order dated 5/12/1983 by holding that the wife had failed to prove that the husband had either neglected or refused to maintain her and/or the children and therefore he set aside the order of maintenance passed by the learned Metropolitan Magistrate.