LEELABEN AMRATPURI GOSWAMI Vs. GOSWAMI BABUPURI DHANPURI

JUDGEMENT

(1.) Both the above applications are filed by the original applicant Leelaben against her divorced husband Babupuri Dhanpuri.

(2.) The short facts of the case leading to the filing of these petitions are that the petitioner and the respondent No. 1 were married according to Hindu rites about 11 years prior to the filing of the maintenance application at Palanpur. The respondent No. 1 husband used to physically and mentally torture the petitioner-wife. The husband had the bad habits and therefore marriage life of the petitioner was not happy. The petitioner was also driven out of the house After great mental agony on the wife the husband obtained customary divorce from the wife. It was the case of the petitioner that the divorce deed was executed between the husband and wife on 14 1983 and after the divorce she was residing at her fathers place. She was pregnant at the time of divorce and at the time of filing the application for maintenance it was contained that it is responsibility of the husband to maintain the child and the wife. It is the case of the petitioner that at the time of divorce no provision was made by the respondent-husband for her maintenance. The petitioner has no independent source of income and she was unable to maintain herself. While according to her the respondent-husband is doing business of diamond polishing and he is also having agricultural income and his monthly income is more than Rs. 1200.00 and therefore she prayed for maintenance at the rate of Rs. 500.00 per month and also prayed that she should be paid Rs. 1 0 toward her maintenance during her pregnancy. Accordingly she filed the application being the Criminal Misc. Appln. No. 97 of 1983 in the court of the learned JMFC at Palanpur under sec. 125 of the Criminal Procedure Code.

(3.) The learned second Joint Judicial Magistrate at Palanpur by his order dated 6-2-85 passed the order for maintenance awarding Rs. 80.00 per month from the date of the application and also awarded the costs of Rs. 50.00 for the said application.