JAYANTILAL HEMABHAI MAKWANA Vs. MAMTABEN JAYANTILAL MAKWANA

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant (husband) calls in question the legality and validity of the order dated 30.12.2011 passed by the learned Sessions Judge, Patan, in the Criminal Revision Application No. 98 of 2010 filed by the respondent no. 1 (wife) for enhancement of the amount of maintenance.

(2.) It appears from the materials on record that the applicant herein got married with the respondent no. 1 in the year 2001. In the wedlock a son named Dixit was born. The marriage of the applicant with the respondent no. 1 was second in point to time. The first marriage of the applicant ended in a divorce. Later, the applicant got married with the respondent no. 1. From the first marriage also there is a child who is being looked after by the applicant.

(3.) As matrimonial disputes cropped up between the parties, the respondent no. 1 preferred an application under Section 125 of the Criminal Procedure Code for maintenance, in the Court of the learned JMFC, Patan. The application filed by the wife for maintenance came to be partly allowed. The learned JMFC, Patan, passed an order of maintenance of Rs. 2000/- per month from the date of the application i.e. 13.07.2009. The findings recorded by the learned JMFC in its order are extracted hereunder:-