YASMINABEN NIVAJKHAN SHAIKH Vs. NIVAJKHAN YASINMIYA SHAIKH

JUDGEMENT

(1.) BY filing this Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 ["the Code" for short], the petitioner -wife has challenged the judgment dated 24.11.1987 rendered by the learned Assistant Judge, Sabarkantha at Himatnagar, in Criminal Revision Application No.18 of 1987 whereby the order of maintenance passed by learned Chief Judicial Magistrate, Sabarkantha at Himatnagar on 17.01.1987 in Criminal Misc. Application No.10 of 1986 awarding maintenance of Rs.150=00 per month from the date of the application has been set aside.

(2.) THE petitioner -wife initiated proceedings under Section 125 of the Code in the trial Court, inter alia, contending that she was married to the respondent -husband according to Muslim customs and she started residing with the respondent -husband, but after sometime the respondent -husband started inflicting physical cruelty despite that she continued to reside with the respondent -husband; that she was driven out by the respondent -husband and since then she is residing separately; that the respondent -husband has refused and neglected to maintain her and that the respondent -husband is earning Rs.50/ - per day by plying auto -rickshaw and, therefore, she is entitled for maintenance.

(3.) AFTER hearing, the trial Court allowed the application and awarded maintenance of Rs.150=00 per month to the petitioner -wife by his order dated 17.01.1987.