HALIMBAI KASAMBHAI Vs. HASAMBHAI OSMANBHAI

JUDGEMENT

(1.) BEING aggrieved and dissatisfied by the judgment and order dated 10th July, 1984 passed by the Sessions Judge, Junagarh, in Criminal Revision Application No. 52/84 reducing the amount of maintenance from Rs. 250/ - per month to the petitioner No. 1 wife and from Rs. 100/ - per month to the petitioner No. 2 minor son to Rs. 125/ - and Rs. 75/ - per month respectively, the petitioners have filed this revision application.

(2.) IT is an admitted fact that opponent No. 1 had re -married and that he has given divorce to the petitioner No. 1. Hence petitioner No. 1 is entitled to stay separately and claim maintenance.

(3.) THE only question which would be required to be considered is whether the learned Sessions Judge was justified in reducing in revision application the maintenance amount awarded by the 2nd Joint Civil Judge (J.D.) and Judicial Magistrate, First Class, Junagadh by his order dated 21st March, 1984 in Miscellaneous Criminal Application No. 236/83. In my opinion, the learned Sessions Judge was not justified in interfering in revision application.