MUMTAZBEN JUSABBHAI Vs. MAHEBUBKHAN USMANKHAN PATHAN

JUDGEMENT

(1.) Heard Mr.B.P.Munshi, learned Advocate for petitioner. Mr. D. M. Shah, learned Advocate for respondent No. 1 and Ms. B. R. Gajjar, learned A.P.P., for respondent No. 2 - State.

(2.) The petitioner is a Mahomedan by religion and is the wife of respondent No. 1. The petitioner filed Misc. Criminal Appln. No. 1098 of 1990 in the Court of learned C. J. M., Jamnagar under Sec. 125 of Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") claiming maintenance from the respondent No. 1 on the ground that the respondent No. 1 has neglected her and has refused to maintain her despite having sufficient means. That vide order, dated 16-3-1993 the learned C.J.M., Jamnagar awarded amount of Rs. 350.00 p.m., to the petitioner by way of maintenance payable by the respondent No. 1 w.e.f. 24-7-1990. The Court has also awarded costs of Rs. 1001- to be paid by the respondent No. 1 to the petitioner.

(3.) The respondent No. 1 carried the matter to the Sessions Court at Jamnagar by filing Criminal Revision Application No. 46 of 1993. That by order dated 16-6-1997 the learned Addl. Sessions Judge, Jamnagar allowed the revision application and set aside the above stated order of maintenance passed by the learned C.J.M. Jamnagar. Being aggrieved and dissatisfied by the said order of the learned Sessions Judge, Jamnagar the petitioner has filed the present revision application.