SITABEN Vs. RAMESHBHAI MANGANBHAI PARMAR

JUDGEMENT

(1.) The petitioner wife has filed Criminal Miscellaneous Application No. 18 of 1980 under section 125 of the Code Criminal Procedure before the Metropolitan Magistrate, Ahmedabad for maintenance. It was her case that she married with opponent No. 1 on 22nd May, 1972 at village Biliya, Taluka Vijapur. District Mehsana ; she was physically and mentally ill-treated by opponent No. 1 and his family members ; as she was not in a position to bear any child and opponent No. 1 along with his family members pressurised her for giving divorce ; on 21st March, 1980 in the morning opponent No. 1 and his mother near her ; she was thereafter brought to the Court and her signatures were taken on three or four blank papers : at about 4.00 p.m. the uncle of opponent No. 1 dropped her near her parent's house and she was informed that she has been divorced. It is her say that immediately her father sent a telegram to opponent No. 1 contending that the petitioner had not agreed to divorce and under coercion her signatures were taken on blank papers. She further alleged that she had complained to Social Security Wing of the Police Department.

(2.) As opponent No. 1 refused to keep the petitioner with him she had filed the aforesaid application for maintenance. It is her say that opponent No. 1 was earning salary of Rs. 700.00 and, therefore, she prayed that the maintenance at the rate of Rs. 300.00 be awarded.

(3.) The Metropolitan Magistrate (Court No. 13), Ahmedabad by his judgment and order dated 30th Oct., 1980, allowed the said application and awarded maintenance at the rate of Rs. 150.00 per month from 27th March, 1980. The learned Metropolitan Magistrate held that divorce deed was executed willingly and voluntarily, but he held that it cannot be believed that the petitioner had abandoned her fight to maintenance.