BHAVIN NATVARSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is filed by the applicant - husband challenging the order passed by the Family Court, Nadiad dated 1/7/2021 in Criminal Miscellaneous Application No.136 of 2019 whereby respondent no.2 - wife is awarded maintenance of Rs.6900.00 per month and respondent no.3 - daughter is awarded maintenance of Rs.3450.00 per month under Sec. 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). In all, the applicant - husband is directed to pay maintenance to the tune of Rs.10,350.00 per month from the date of application i.e. 1/5/2019 alongwith the cost of Rs.2000.00.

(2.) Ms. P.C. Detharia, learned advocate for the applicant, submitted that the salary certificate produced at page 20 shows that the applicant - husband earns Rs.15,825/- and deducting Rs.200.00 towards Professional Tax, it comes to Rs.15,625.00 per month, and therefore, he cannot be asked to pay Rs.10,350.00 per month in all towards maintenance, and therefore, the impugned judgment and order requires interference by this Court under Sec. 397 read with Section 403 of 'the Code'. She has further submitted that the applicant - husband has not been provided with reasonable opportunity to produce his evidence, and therefore, the impugned order is required to be interfered with.

(3.) Considering the impugned decision, there is no dispute with regard to the status of the parties as also entitlement of the maintenance by the contesting respondents. However, the quantum of maintenance is being disputed before this Court.