- (1.)Rule. Learned APP Ms.CM Shah waives service of rule on behalf of respondent No.1 and Shri Dagli waives service for respondent No.2.
(2.)Petitioner is husband of respondent No.2. He has been ordered to pay maintenance of Rs.3,000/- per month to his wife. This order was passed in the year 2004. He has not challenged the said order so far. In the present proceedings, however, one of the prayers is to set aside such an order dated 20th October 2004. Firstly, the order passed by the Magistrate was not challenged before the Sessions Court. Secondly, after more than 5 years, prayer has been made and therefore, such prayer is not entertained in this petition. Another prayer of the petitioner is with respect to an order dated 8th July 2009 passed by the learned Sessions Judge, Sabarkantha. The order arose in following background.
(3.)Since the petitioner was not paying the maintenance to his wife, she filed application under section 125(3) of the Criminal Procedure Code on 30th June 2007. In this application, she contended that her husband has not paid maintenance for the period from 8.7.05 to 7.7.06. On this application, the learned Magistrate passed an order on 29th June 2009 directing the petitioner to undergo imprisonment for a month which he has already suffered.