AMBALAL ALIAS AJAYKUMAR DWARKADAS AMIN Vs. KHEMBAI

JUDGEMENT

(1.) The facts giving rise to this application broadly stated are that the opponent No. 1 Bai Khembai had filed an application for claiming maintenance allowance against her husband the applicant under sec. 488 of the Criminal Procedure Code in the Court of the Chief City Magistrate Ahmedabad inter alia alleging that her husband has contracted remarriage with one Bai Gita and has consequently deserted her. He has not been maintaining her and that therefore she be awarded Rs. 500.00 per month by way of maintenance allowance from her husband.

(2.) Her husband the applicant before this Court resisted the same inter alia contending that he has neither deserted nor driven out from his house as alleged. She had gone away of her own accord to her parents place and that therefore a divorce deed dated 31-7-65 was executed between them. She was therefore no longer his wife and thus was not entitled to claim any maintenance allowance from him.

(3.) When the matter came up for hearing before the learned Magistrate on 15-10-67 the parties presented a joint statement Exh. 3 in the case. As stated therein through the intervention of some good persons the matter was settled and that it was agreed that the husband opponent should pay Rs. 125.00 per month by way of her maintenance allowance with effect from 1-7-1967 and that an order on that basis may be passed against him under sec. 488 of the Criminal Procedure Code. That statement was signed both by the parties as also by their advocates appearing in the matter. The learned Magistrate recorded the same and directed opponent-husband Ambalal to pay Rs. 125.00 per month as maintenance to the applicant-wife Bai Khembai from 1-7-67 on or before 10th of every month. He further directed that the arrears of maintenance from 1 till 30-9-1967 and the maintenance for the current month of October 1967 shall be paid on or before 10-11-1967. Feeling dissatisfied with that order passed on 18-10-1967 by Mr. D. C. Mehta Chief City Magistrate Ahmedabad the opponent-husband has come in revision before this Court.