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1993 Supreme(Guj) 63

A.N.DIVECHA
ARUNABEN VRAJLAL DAVDA – Appellant
Versus
STATE – Respondent


Advocates Appeared: C.L.SONI, D.D.Vyas, K.V.VALIKARIMVALA, S.C.PATEL

A. N. DIVECHA, J.

( 1 ) THE petitioner has invoked the extra-ordinary jurisdiction of this Court for questioning the correctness of the award of maintenance at the rate of Rs. 200 per month made by the learned additional Sessions Judge of Amreli on 12/07/1989 by his judgment and order in Criminal Revision Petition No. 25 of 1987. Thereby the learned Additional Sessions Judge modified the order passed by the learned trail Magistrate awarding maintenance to her at the rate of Rs. 110 per month. According to the petitioner her claim for maintenance at the rate of Rs. 400 per month ought to have been accepted in full.

( 2 ) THE facts giving rise to this petition are not many and not much in dispute. The petitioner herein moved the Court of the Judicial Magistrate (First class) at Bagasra under Sec. 125 of the Code of Criminal Procedure, 1973 (the cr. P. C. for brief ). It came to be registered as Misc. Criminal Application no. 11 of 1986. She claimed maintenance at the rate of Rs. 400 per month. Respondent No. 2 herein resisted that maintenance application by filing his reply at Exh. 7 on the record of the case. After recording evidence and hearing the parties, by his judgment and orde










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