TANUMATI ASHWIN SHAH Vs. AHSHUIN NEMCHAND SHAH
LAWS(GJH)-1983-12-34
HIGH COURT OF GUJARAT
Decided on December 01,1983

TANUMATI ASHWIN SHAH Appellant
VERSUS
AHSHUIN NEMCHAND SHAH Respondents

JUDGEMENT

R.J.Shah, J. - (1.) The above Criminal revision application has arisen at the instance of the petitioner-wife whose application under section 127 of the Criminal Procedure Code for enhancement of maintenance has been dismissed by an order dated September 30, 1982 passed by the learned Metropolitan Magistrate, Court No.9, Ahmedabad.
(2.) The short facts leading to the present application are that the petitioner is the wife of respondent No.1 and their marriage had taken place on 17th May, 1974. As a result of the marriage a child was also born. The petitioner alleges that even when he was staying with respondent No.1 a notice of divorce had been given to her and ultimately a divorce petition bearing No. 46 of 1979 was filed by respondent No.1 in the Court of the Civil Judge (Senior Division) at Mahsana. The petitioner also states that she had filed a maintenance application bearing No. 164 of 1979 and ultimately on 27th February 1980 by consent the monthly maintenance was fixed at Rs.65/- in her case. The petitioner- claims that since then dearness has increased and so she is not in a position to maintain herself within the aforesaid amount. The petitioner has further stated in her petition that she was not serving and that she was non-metric. So far as respondent No.1 is concerned, the petitioner has stated that he is a science graduate and that he is dOing business in iron and has his own bungalow in Kalol and further that in the family of respondent No.1 there are only respondent No.1, his mother and his unmarried sister. In the aforesaid circumstances, she has claimed that she should be awarded maintenance at the rate of Rs. 450/- p.m. instead of Rs. 165/- p.m.
(3.) The application for maintenance had been resisted by respondent No.1 and ultimately the same came to be dismissed as stated above. Hence the present revision application.;


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