MOHAMMAD RAFIK UMARBHAI BHISTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Mr. Jani waives service of RULE on behalf of respondent No.1 ? State and learned Advocate Mr. Kanani waives service of RULE on behalf of respondent No.2 ? wife.

(2.) THE applicant ? husband of respondent No.2, has filed this application challenging the Judgment and order dated 10.3.2010 (Exh.21) passed by the learned Principal Judge, Family Court, Rajkot, in Criminal Misc. Application No. 1634 of 2008, whereby the learned Judge has enhanced the amount of maintenance from Rs.1000/- to Rs.2800/-. It appears that earlier the respondent No.2 ? wife had filed Criminal Misc. Application No. 271 of 2004 for getting maintenance from her husband. It is alleged that her husband has deserted her and she is residing alone and, therefore, for her livelihood she has filed application for maintenance. THE said application came to be allowed and vide order dated 22.2.2006 the husband was directed to pay Rs.1,000/- per month towards the maintenance of his wife (present respondent No.2). THEreafter, the respondent No.2 ? wife has filed Criminal Misc. Application No. 1634 of 2008 for enhancement of maintenance. THE said application came to be partly allowed by the learned Judge vide order dated 10.3.2010, whereby the learned Judge has awarded Rs.2800/- per month as maintenance to the respondent No.2 ? wife, instead of Rs.1000/- per month earlier awarded.

(3.) LEARNED Advocate for the applicant has contended that the learned Judge has not considered the income of the applicant. He has contended that the applicant is a worker, working in Arvind Mill, Ahmedabad, and his getting salary is Rs.6,000/- per month, out of which about Rs.2,000/- is deducted and getting net salary of Rs.4,000/- per month. He has contended that out of the said amount of Rs.4,000/- he is paying Rs.1,000/- per month towards the maintenance to his wife ? respondent No.2. He has also contended that the respondent No.2 ? wife of the applicant is also doing knitting work ?Bharat-gunthan? and earning about Rs.1500/- to Rs.2000/- per month, but, the said fact has not been considered by the learned Judge. He has contended that due to unavoidable circumstances, the applicant has to remarry and at present he has one child, aged about 2 years and it is the responsibility of the applicant to maintain his 2