RAVI DAYARAM KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Special Criminal Application under Article 227 of the Constitution of India has been preferred by the petitioner-husband to quash and set aside the impugned judgment and order dated 30/09/2010 passed by the learned Additional Judge, Famliy Court, Vadodara in Criminal Miscellaneous Application No. 1298/2010 (old No. 14/2008).

(2.) THE facts leading to the present Special Criminal Application in a nutshell are as under; 2.1. Respondents nos. 2 and 3-wife and minor child submitted an application for getting maintenance under Section 125 of the Code of Criminal Procedure. The learned Additional Judge, Family Court, Vadodara by impugned judgement and order dated 30/09/2010 partly allowed Criminal Miscellaneous Application No. 1298/2010 directing the petitioner to pay a sum Rs. 2500.00 per month by way of maintenance to respondent no. 2 wife and Rs. 1250.00 per month to respondent no. 3-minor child aged three years. Being aggrieved and dissatisfied with the impugned judgment and order dated 30/09/2010 passed by the learned Additional Judge, Family Court, Vadodara in Criminal Miscellaneous Application No. 1298/2010, the petitioner-husband has preferred the present Special Criminal Application under Section 227 of the Constitution of India.

(3.) SHRI Thakkar, learned advocate appearing on behalf of respondents nos. 2 and 3 is not in a position to dispute the above. He is also not in a position to show any contrary decision to the decision of the learned Single Judge in the case of Sushilaben Rameshchandra Rama and Anr (Supra) the decision, which has been relied upon by the learned advocate appearing on behalf the petitioner. However, he has submitted that so far as the maintenance awarded to respondent no. 3- minor child is concerned, the said is not required to be interfered with. He has further submitted that even the amount of maintenance awarded to respondent no. 3-minor child is concerned it is also not adequate.