BANABIBI SIKANDARKHAN Vs. SIKANDARKHAN UMARKHAN
HIGH COURT OF GUJARAT
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Ravani, J. -
(1.) Petitioner No.1 is the wife of opponent No.1, who claimed maintenance for herself and for minor son born out of the wedlock between the parties. The marriage of petitioner No.1 and opponent No.1 took place some time in the year 1975 according to the Mohmedan law and customs at village Garadi, Taluka Sinor, District Vadodara.
(2.) The petitioner-wife alleged that the opponent-husband was staying at village Palej and carrying on business as well as doing service in Railway and was earning about Rs. 1500/- per month. That after the marriage, she lived with the opponent-husband but some time thereafter she was severely beaten and driven out. Again after some time she had gone to live with the opponent- husband but she was driven out this time also. Minor son, on whose behalf also maintenance is claimed, was born on June 17, 1976.
(3.) The application for maintenance under Section 125 of the Criminal Procedure Code was filed on July 23, 1979. The trial court rejected that application by its order dated May 26, 1981. Being aggrieved by that order, the petitioner-wife preferred Criminal Revision Application No. 63 of 1981 in the court of Extra Assistant Sessions Judge, Vadodara. The learned Extra Assistant Sessions Judge by his order dated November 26, 1981 held that minor son was entitled to maintenance at the rate of Rs. 50/- per month. But he confirmed the judgment and order of the trial court rejecting the claim of maintenance of the petitioner-wife. Hence this special criminal application by petitioner-wife.;
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