SUGRABI Vs. ABDUL QUAYUM AND ANOTHER

JUDGEMENT

(1.) By this petition under section 482 of the Criminal Procedure Code, read with Art. 227 of the Constitution, the petitioner wife seeks to challenge the order passed by the learned Sessions Judge, Amravati on 3rd Oct., 1983 in Criminal Revision Application No. 43 of 1983, as also the order passed by the said Sessions Judge in Revision Application No 51 of 1983 preferred by the present petitioner before the Sessions Judge. The facts leading to the present proceedings may be narrated as under:

(2.) Both the parties preferred revision before the learned Sessions Judge. The Petitioner's revision was for claiming enhancement of the maintenance awarded to her by the trial Court, while the husband preferred a revision on the ground that the petitioner having been divorced by him, she was not entitled to claim any maintenance and in the alternative maintenance of Rs. 200 granted by the trial Court is far in excess of his earning capacity.

(3.) The learned Sessions Judge, rejected the revision preferred by the petitioner Sugrabi and partly allowed the revision preferred by the respondent husband Abdul Quaym. The learned Sessions Judge held that the divorce according to the Personal Law was duly established by the husband and yet he observed that a wife, who is divorcee or is deserted is entitled to claim maintenance. On the question of quantum the learned Sessions Judge found the amount already granted by the trial Court was excessive and has reduced the same to Rs. 75 per month.