GOMIBEN SHYAMJI KOLI Vs. KOLI LAXMAN PREMJI

JUDGEMENT

(1.) This petition is preferred by a divorced woman who has been denied maintenance under Sec. 125 of the Code of Criminal Procedure.

(2.) Petitioner preferred Misc. Criminal Application No. 738 of 1986 under Sec. 125 of the Code of Criminal Procedure, 1973 before the learned Judicial Magistrate, First Class, Jamnagar claiming maintenance from her former husband respondent No. 1 herein. Petitioner was married to respondent No. 1 some ten years earlier and she had given birth to a daughter during the subsistance of the said marriage. However, in view of the ill- treatment, the petitioner went to reside with her parents and the custody of the daughter was retained by respondent No. 1. Respondent No. 1 filed Hindu Marrige Petition No. 18 of 1979 for restitution of conjugal rights which was decreed on 16th March, 1981. Inspite of the said decree, same was not complied with by the petitioner. Respondent No. 1 therefore, preferred Hindu Marriage Petition No. 29 of 1983 for divorce which was granted on 3rd October, 1984. While passing the decree for divorce, civil court also ordered permanent alimony of Rs. 200/- per month in favour of the petitioner. Feeling aggrieved, the respondent No. 1 preferred Regular Civil Appeal No. 224 of 1984 wherein the order of permanent alimony is stayed. The petitioner, thereafter, preferred above Misc. Criminal Application for maintenance under Sec. 125 of the Code of Criminal Procedure. The learned Magistrate, under his judgment and order dated 31st December, 1987, awarded monthly maintenance of Rs. 200/- to the petitioner.

(3.) Feeling aggrieved, the petitioner preferred criminal revision application No. 8 of 1988 for enhancement of the maintenance awarded by the learned Magistrate and respondent No. 1 preferred criminal revision application No. 1 of 1988 against the maintenance awarded by the learned Magistrate in the Court of the learned Joint District and Sessions Judge, Jamnagar.