SAHERA ALIAS SHRU GUSTADJI KADODWALA Vs. GUSTADJI UKADJI KADODWALA

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge Surat under sec. 438 of the Criminal Procedure Code in Criminal Revision Application No. 22 of 1971 filed by wife Sahera against her husband opponent No. 1 against the order passed by the learned Judicial Magistrate First Class Bardoli Mandvi in Criminal Miscellaneous Application No. 8 of 1970.

(2.) The applicant wife filed the aforesaid maintenance proceeding under sec. 488 of the Criminal Procedure Code (which will be hereinafter referred to as the Code ) against her husband opponent No. 1 for maintenance amount. She claimed Rs. 100.00 per month by way of maintenance.

(3.) The opponent husband filed his written statement Ex. 10 contending inter alia that such an application was not maintainable in view of the fact that the wife had filed a suit for restitution of conjugal rights being Parsi Matrimonial Suit No.3 of 1967 wherein he had filed his written statement and made a counter claim for judicial separation on the ground of legal cruelty.