M.B. Shah, J. - (1.)The petitioner-wife has filed this criminal application against the judgment and order dated May 4, 1983 passed by the Sessions Judge, Ahmedabad Rural at Narol in Crim. Rcv. Appl. No. 25 of 1983 whereby he has partly allowed the revision application and has reduced the maintenance amount from Rs. 300 to Rs. 150.
(2.)The petitioner had filed Misc. Cr. Application No. 33 of 1982 under Sec. 125 of the Cri. Proc. Code before the Judicial Magistrate F. C. at Narol for maintenance contending that she was the legally married wife of the first respondent who had driven her out of her matrimonial house by illtreating her. It is her say that she has three children out of the said marriage. One girl is residing with the respondent. It is stated that she was beaten and driven out of house on 19th Jan., 1980 and since then she was staying at her brother's house.
(3.)After recording necessary evidence, the learned Magistrate arrived at a conclusion that the first respondent had neglected or refused to maintain the petitioner. He also held that the petitioner was drawing salary of Rs. 727 per month from the bank and that he was having joint family and from which also he was driving income. He arrived at the conclusion that agricultural income would be not less than Rs. 2,000 per annum. After taking into consideration all these aspects, he directed that the petitioner is entitled to have maintenance at the rate of Rs 300 per month.