( 1 ) THE Revision Petitioner, who is a wife of Revision opponent No. 2 has, by filing this Criminal Revision Application under Sec. 397 of the Criminal Procedure Code, 1973, (In short cr. P. C. ) challenged the legality, correctness and propriety of judgment Exh. 23 dated 20th September, 1997, rendered by the learned Sessions Judge, Surat, (who will be referred to as the learned Judge of the Revisional Court) in Criminal Revision Application no. 130 of 1996.

( 2 ) THE facts leading to this present Criminal Revision Application, in a nutshell are as follows :2. 1 Applicant-Bai Sahinda Abdulla Nathalwala filed one Maintenance application under Sec. 125 of Cr. P. C. for herself and for her one minor child against her husband Arif Salim Memon in the Court of learned J. M. F. C. , 2nd Court, Surat, (who will be referred to hereinafter as the learned Magistrate ). That Maintenance Application came to be registered as Maintenance Application no. 40 of 1993. As per facts stated in that maintenance application, applicant married with opponent Arif Salim Memon about three years before 3rd May, 1993, according to Islamic Shariyat, as both of them are governed by mohammedan Law