PATEL SHANTABEN Vs. PATEL MANHARBHAI PARSHOTTAMBBAI AND ANOTHER

JUDGEMENT

(1.) The present revision application is filed by the original applicant Patel Shantaben against the order passed by the learned Additional Sessions Judge, Nadiad on 30-10-1985 in the Criminal Revision Application No. 68/85 filed by the present respondent No. I against whom an order for maintenance was passed by the learned Judicial Magistrate First Class, Balasinor in Criminal Misc. Application No. 46/84 on 29-3-1895.

(2.) The petitioner filed an application on the ground that the petitioner is the married wife of the respondent No. 1 herein ; the respondent No. 1 is of the suspicious nature ; during the wedlock she had given birth to one baby ; the respondent No. 1 is making allegations against her chastity and he started giving physical and mental torture and he was demanding divorce from the petitioner and he wanted to marry again. She was driven out after beating her and she made an application before the Tasra Police Station. The respondent No. 1 wanted to forcibly get her signature on the writing for divorce which she refused to do so and therefore, she was driven away and since that time she is residing with her mother. On the point of income she stated that the respondent No. 1 has got the land of 15 bighas and he is getting an income of Rs. 14,000 per annum from the said land and the other land also he is cultivating on crop-share basis and he is earning about Rs. 30,000 per annum in addition to the above income and she has claimed maintenance at the rate of Rs. 400 per month.

(3.) The respondent No. 1 opposed the application inter alia on the ground that she has already obtained divorce and, she has voluntarily surrendered her right to maintenance and, therefore, no order for maintenance can be passed.