LAWS(GJH)-2011-2-48

MUKESHBHAI BABALDAS PATEL Vs. STATE OF GUJARAT

Decided On February 07, 2011
MUKESHBHAI BABALDAS PATEL Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) PETITIONER is husband of respondent No.2. He has challenged an order dated 4.7.2008 passed by learned Presiding Officer, Fast Track Court, Surat to the extent same directs to pay monthly maintenance of Rs.2,500/- to the wife.

(2.) AGAINST the petitioner, respondent No.2 had filed application for maintenance under Section 125 of Cr.P.C. before the Court of Magistrate seeking maintenance of herself and her minor son. Learned JMFC, Surat by his order dated 18th July, 2007 passed in Maintenance Application No.91 of 2005 granted Rs.1,500/- to the child but denied any maintenance to the wife. Aggrieved by the order, the wife applied to the Sessions Court by filing Criminal Revision Application No.281 of 2007. The Sessions Court by impugned order dated 4.7.2008 allowed the revision in part and directed the petitioner to pay Rs.2,500/- to the wife in addition to Rs.1,500/- to the son. It is this order, the petitioner has challenged in this petition.

(3.) A communication from the RTI, Surat in response to an application made by the respondent No.2 showing a vehicle bearing registration Number GJ5Z 1863 to be of the ownership of the petitioner. The sale-deed allegedly executed in favour of the petitioner for purchasing of shop for a total cost of Rs.5.50 lacs.