ARCHANABEN ALIAS BANUBEN AJITKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter has a chequered history. The present petitionerwife, who was the original applicant for herself and her minor son, Hemang, in the Court of learned Judicial Magistrate, First Class, Lakhtar, district Surendranagar, had earlier approached the Court of learned Chief Judicial Magistrate, Surendranagar, for getting maintenance under the provisions of S.125 of the Code of Criminal Procedure. This application was withdrawn in the year 1983 on account of a settlement between the parties. As the arrangement of settlement which depended upon the husband coming to take the wife along with two sureties acceptable to the wife's family did not materialise, the compromise could not be acted upon and that resulted into filing of Criminal Misc. Application No. 7 of 1988 in the Court of learned Judicial Magistrate, First Class, Lakhtar, by the wife for herself and for her son, Hemang who, by that time, had attained the age of 12 years. The husband on his part has filed Hindu Marriage Petition for divorce on the ground of desertion, being H.M.P. No. 54 of 1988.

(2.) The learned Judicial Magistrate decided the matter on 13-12-1991 in favour of the applicants before him and, accordingly, directed the respondent-husband before him to pay Rs. 200.00 to the wife and Rs. 350.00 to the minor child, respectively, for their maintenance. Being aggrieved by this order, the husband carried the matter before the learned Sessions Judge, at Surendranagar, by way of Criminal Revision Application No. 17 of 1992. This came to be heard by the learned Additional Sessions Judge, who by his order dated 7-10-1993, accepted the plea of the husband and revised the order in relation to the wife and thereby the order of payment of monthly amount of Rs. 200.00 passed by the learned Judicial Magistrate, First Class, in favour of the wife came to be set aside. Being aggrieved by this, the present petition has been filed by the wife for herself.

(3.) In the meantime, the divorce petition came to be tried by the learned Extra Assistant Judge, Surendranagar, who by his order dated 14-10-1996 was pleased to dismiss the same and it is in this background that the present petition in required to be considered.