ASHWINBHAI AMRUTBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is filed by the applicant challenging the order passed by the learned Judge, Family Court No.2, Ahmedabad dtd. 27/8/2021 awarding interim maintenance to respondent no.2 " " wife at the rate of Rs.3000.00 per month and at the rate of Rs.2000.00 to the minor daughter and at the rate of Rs.1500.00 to the minor son aggregating to Rs.6500.00 per month.

(2.) The applicant " " husband is asserted to be earning Rs.20,000.00 by the wife while serving in Windex Tours and Travels Company and also earns by working with Home guard. At the same time, it is asserted by the wife that the father of the applicant " " husband is earning Rs.18,000.00 pension and he is ignoring the maintenance to wife and children, and therefore, she has claimed in all Rs.15,000.00 - towards maintenance for all of them whereas the Court has granted at the rate of Rs.6500.00 in all as interim maintenance. While awarding interim maintenance, learned Judge has in paragraph 3 of the impugned order referred that the applicant " " husband has admitted to be serving, as also drawing salary income from working as Home guard. It is further held by the learned Judge, despite his admission of service as also working as Home guard, he has claimed that he is earning only Rs.7000.00through temporary service with Home guard without producing any proof thereof. As such, subject to proof of earning, when there is no denial to the service in Windex Tours and Travels Company by the husband as also with Home guard, the interim maintenance awarded by the trial Court at the rate of Rs.6500.00 in all cannot be said to be exorbitant. Hence, the present Criminal Revision Application is rejected.