HETALBEN RAKESHKUMAR CHAVADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE facts of the case stated briefly are that the petitioner herein had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (the Code) before the learned Judicial Magistrate First Class, Junagadh praying for a monthly maintenance of Rs.10,000/ -. By a judgement and order dated 26th June, 2006, the learned Judicial Magistrate partly allowed the application and directed the respondent No.2, husband of the present petitioner to pay monthly maintenance of Rs.3,000/ - to the petitioner with effect from the date of the application i.e. 13th December, 2005.

(2.) BEING aggrieved by the aforesaid order, both the petitioner as well as the respondent No.2 filed Revision Applications before the learned Presiding Officer, 2nd Fast Track Judge, Junagadh being Criminal Revision Applications No.94 of 2006 and 111 of 2006 respectively, challenging the aforesaid order passed by the learned Judicial Magistrate.

(3.) BY a common order dated 17th August, 2007, the learned Presiding Officer, 2nd Fast Track Judge, Junagadh rejected the application filed by the petitioner and partly allowed the application filed by the respondent No.2, whereby he reduced the maintenance to Rs.2,000/ - per month instead of Rs.3,000/ - per month. Being aggrieved, the petitioner has filed the present petition challenging the aforesaid order passed in both the Revision Applications.