KAILASHBEN ARVINDKUMAR JOSHI Vs. ARVINDBHAI RATILAL JOSHI

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 17/08/1984 passed by the Metropolitan Magistrate (court No. 17) Ahmedabad in Miscellaneous Criminal Application No. 37 of 1984 the petitioner has filed this Revision Application.

(2.) It is the case of the petitioner-wife that the Judicial Magistrate First Class Mehmedabad had passed an order in her favour under sec. 488 of the Criminal Procedure Code (Old) and had awarded maintenance at the rate of Rs. 110.00 per month. She is residing at Ahmedabad but she was compelled to file application for maintenance before the Judicial Magistrate First Class at Mehmedabad District Kaira because her husband was residing at Mehmedabad. After the amendment of the Criminal Procedure Code under section 126 of the Code she is entitled to file an application for maintenance where she is residing. She therefore filed Miscellaneous Criminal Application No. 37 of 1984 before the Metropolitan Magistrate at Ahmedabad under sec. 127 of the Code for enhancement of maintenance because of change of circumstances. increase in price and increase in income of opponent No. 1

(3.) Opponent No. 1 objected to the said application by filing an application exhibit 3 wherein he contended that the Court at Ahmedabad had no jurisdiction to deal with the said matter. The said contention of opponent No 1 was upheld by Metropolitan Magistrate (Court No. 17) by referring to A.I.R. Commentaries oil Criminal Procedure Code wherein it is mentioned that the maintenance application for enhancement was not maintainable in any other Court except the Court which passed the said order. It should be noted that he has not discussed any decision. Against the said judgment and order the petitioner has filed this Revision Application.