CHANDRIKABEN NAVNITLAL DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both the above applications arise out of the common order passed by the learned Sessions Judge Bharuch on 23-7-1987 in Criminal Revision Applications No. 71 and 72 of 1986 against the orders passed by the learned Magistrate in Misc. Criminal Applications No. 44 of 1987 and 278 of 1986 which were filed by the present petitioner Chandrikaben Navnitlal Dave who is the wife of present opponent No. 2 Harish Badrishankar Dixit. The learned Magistrate passed order on Misc. Criminal Application No. 44 of 1987 on 15-5-1987 directing the opponent No. 2-husband to undergo imprisonment for 15 days per each month of arrears of maintenance i.e. total 60 days as he has failed without sufficient cause to comply with the order of maintenance passed in Misc. Criminal Application No. 301 of 1982 dated 16 The said application was filed in respect of arrears of maintenance for the period from 16-9-1986 to 16-1-1987 i.e. for a period of four months.

(2.) In the second application which was filed by the present petitioner she has claimed enforcement of the aforesaid order for a period of seven months from 17-2-1986 to 16-9-1986 and the learned Magistrate has passed the order directing the opponent-husband to undergo imprisonment for 10 days each for each month of arrears of maintenance i.e. total 70 days.

(3.) In the revision applications filed by the present opponent No. 2 - husband against the said orders the learned Sessions Judge has reduced the period of imprisonment and also held that both the above sentence to run concurrently and the opponent-husband was allowed to be free for the period of imprisonment undergone by the opponent No. 2.