ASIF HUSSAIN HASANALI VORA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present application has been filed by the applicant with a prayer to quash and set aside the order dtd. 18/10/2019 passed by the Hon'ble Family Court, Ahmedabad in Criminal Misc. Application No.2594 of 2013 and further be pleased to remand the matter back to the concerned trial court for rehearing afresh after giving proper opportunity to the petitioner to produce documentary evidence and also giving right of cross examination of respondent no.2 as well as direct the petitioner to pay Rs.2,500.00 maintenance to the respondents till the matter is finally disposed by the trial court.

(2.) Brief facts of the case are that in view of application under Sec. 125 of the Criminal Procedure Code filed by the respondent-wife, learned Principal Judge, Family Court, Ahmedabad vide order dtd. 08/10/2018, directed the petitioner herein to pay maintenance of Rs.10,000.00 in total for the respondents i.e. the wife and the daughter from the date of application of the maintenance. Against the same, present petitioner has filed Criminal Revision Application No.540 of 2019, wherein, vide order dtd. 08/05/2019, the learned co- ordinate bench of this Court remanded the matter back for fresh hearing and decision considering the case of the present petitioner to cross examine the respondent wife. Thereafter, the matter was further heard and vide order impugned dtd. 18/10/2019, the learned Principal Judge, Family Court, Ahmedabad enhanced the amount of maintenance to the tune of Rs.12,500.00 together for the wife and the daughter. As against the same, present revision application is filed by the petitioner-husband.

(3.) Mr. C. B. Dastoor, learned advocate for the petitioner submitted that impugned order passed by the learned Family Court, Ahmedabad is illegal and unjust and the same is required to be quashed and set aside as the same is passed without affording proper opportunity of hearing to the petitioner as well as though the petitioner has complied with the orders dtd. 08/05/2019 and 21/06/2019 of this Court passed in Criminal Revision Application No.540 of 2019 and, the same is therefore passed ex-parte. Learned advocate submitted that the Family Court, Ahmedabad has not considered the fact of the petitioner doing business of hawker and earning only Rs.3,000.00 per month whereas respondent wife is earning more than Rs.25,000.00 per month as she is serving as a teacher as well as doing tuition classes. Learned advocate submitted that without appreciating evidence of income of the petitioner, only on presumption and surmises, the Family Court, Ahmedabad passed the order of maintenance granting excessive amount of maintenance to the respondent. Learned advocate submitted that the Family Court, Ahmedabad has not considered the fact that arrears of maintenance of Rs.5,04,700.00 is paid by sister of the petitioner. Learned advocate submitted that the Family Court, Ahmedabad has not considered the fact situation of the petitioner's family that brother and sister of the petitioner are suffering from the intense pulmonary hypertension disease and for the same he is not capable to earn properly.