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1991 Supreme(Guj) 11

J.N.BHATT
Sushilaben Mohanlal – Appellant
Versus
Mali Chunilal Hargovind – Respondent


Advocates Appeared: K.A.Bukhari, N.N.GANDHI, N.S.DESAI

J. N. BHATT, J. : -, J.

( 1 ) BY this revision application under Section 397 of the Criminal Procedure Code, 1973 (code for short, hereinafter), the petitioner has questioned the quantum of maintenance awarded to her in a Criminal Miscellaneous Application No. 149 of 1982, on 29-11-1982, by the learned judicial magistrate, First Class, at Bhavnagar.

( 2 ) THE present petitioner is, thus, the original applicant-husband and the parties are hereinafter addressed to as applicant-wife and opponent- husband for the sake of convenience and brevity.

( 3 ) THE original applicant-wife claimed Rs. 500/- per month towards maintenance from the original opponent-husband, under Section 125 of the Code, on the ground of desertion and cruelty. She, inter alia, contended that she was driven out of the matrimonial home, mercilessly, as her husband had entered into illicit relation with one lady-Mansa. Three sons were bom out of the wedlock between the parties, which took place in the year 1957, as per Hindu rites. Eldest son-Pankaj, was major when the petition for maintenance came to be filed. Other two sons were minors at that time and they were aged about 12 and 9 years. There is no dispute about th




















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