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1992 Supreme(Guj) 234

A.N.DIVECHA
RAMABEN – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: B.D.DESAI, S.C.PATEL, S.R.SHAH

DIVECHA, J.

( 1 ) WOULD Revisional Courts have to keep in mind while hearing revisional applications more particularly arising from maintenance proceedings under Sec. 125 of the Code of Criminal Procedure, 1973 (the cr. P. C. for brief) is the main question arising in this revisional application preferred by the unfortunate wife against the judgment and order passed by the learned Sessions Judge of Bulsar at Navsari on 17/05/1991 in Criminal Revision Application No. 34 of 1990. Thereby the learned Sessions judge accepted the revisional application of respondent No. 2 herein and upset the order of maintenance passed by the learned Judicial Magistrate (First Class) at Gandevi on 28/02/1990 in Maintenance Application no. 9 of 1987. It may be mentioned that the learned trial Magistrate accepted the Maintenance Application preferred by the present petitioner and awarded to her maintenance at the rate of Rs. 400. 00 per month.

( 2 ) THE facts giving rise to this revisional application may be summarised in a nutshell. The petitioner and respondent No. 1 herein were united by a matrimonial the sometime in May, 1958. The matrimonial life between the two does not seem to have run a smooth co














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