( 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