TARLOCHAN R JHAVERI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Petition has been filed by the Petitioner � Tarlochan R. Jhaveri under Articles 14, 16 and 221 of the Constitution of India as well as under the Code of Criminal Procedure for enhancement of the amount of maintenance fixed by the Court of learned Chief Judicial Magistrate, Vadodara in Criminal Miscellaneous Application No.1115 of 2007 which has been challenged by way of Criminal Revision Application No. 192 of 2009 before the Sessions Court at Vadodara. The Sessions Court, Vadodara by the impugned order in Criminal Revision Application No. 192 of 2009 confirmed the order passed by the learned Chief Judicial Magistrate, Vadodara fixing the amount of maintenance at Rs.2000/- per month.

(2.) THE Petitioner Tarlochan R.Jhaveri who appears as party-in-person submitted that she has a fundamental right under Article 21 of the Constitution of India to claim maintenance, and as no Reply has been filed to this Petition, the prayer may be granted. The Petitioner has submitted that the same tactics are played by the Respondent who does not remain present or file the Reply. The Petitioner has submitted that the maintenance of Rs.2000/- per month is denial of a right and she has stated that the Respondent husband is deliberately avoiding the liability. Ms. Tarlochan R.Jhaveri appearing as party-in-person has made the submissions at length referring to the papers and has also tried to submit that she must be given money back, for which, she has produced some papers including the bank account statement stating that the money was given to her husband for depositing in her bank account, which has not been deposited. She has stated that her husband has forcibly entered her house, which has caused mental torture, for which she has filed a complaint also. She has made reference to the other complaint and has submitted that, as the Respondent � husband has taken away the bank account pass books and photographs etc. she could not produce any evidence. Though it is not necessary in the present case, she has made submissions at length with regard to other complaint as well as the case under the Domestic Violence Act against the Respondent husband, and when the Court has tried to examine and understand, she has shown a arrogance of being a British National, and it appears that she has been making the submissions which are derogatory to the judicial proceedings or the judicial system in India.

(3.) THE provisions of Section 127 of Cr.PC provide for alteration in the amount of maintenance provided therein. However, the facts are not clearly placed on record by either side. Be that as it may, the record and the impugned order also does not reflect anything about the source of income, occupation of the husband or his position in life nor does it disclose any evidence with regard to any earning of the Petitioner.