BINALBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicants have prayed to quash and set aside the judgment and order dtd. 25/3/2021 passed by the learned Family Court, Mehsana in Criminal Misc. Application No.236 of 2018 and further prayed to enhance the amount of maintenance.

(2.) Heard learned advocates for the respective parties as well as learned APP for the respondent - State.

(3.) The brief facts of the case are that he marriage between applicant no.1 and respondent no.1 was solemnized on 14/2/2005 as per Hindu rites and rituals and out of the said wedlock applicant no.1 gave birth to one baby boy viz. Namya. Since beginning, there was restriction for moving outside the house and the applicant no.1 started Homeopathy practice at home and she is homeopathic doctor and she used to do household chores. After eight months of their marriage, the in-laws of the applicant stopped supporting her and her in-laws did not talk to her. On instigation by his family members, respondent no.2 was used to speak abusive words, and beat her. At the time of her pregnancy, the doctor asked her to take rest, but due to household work, she was unable to take rest. On 27/6/2007, the applicant gave birth to Namya and after one month, she went to her matrimonial home. Applicant no.1 has stated that her mother-in-law was used to quarrel with her on trifle mattes and her sister-in-law was used to instigate her mother. On one occasion, the applicant asked respondent no.2 to visit her parental home, respondent no.2 has beaten the applicant no.1 and mother of respondent no.2 has caused physical cruelty to the applicant no.1. On 15/4/2016, mother-in-law of the applicant no.1 quarreled with the applicant no.1 and instigated respondent no.1 and respondent no.1 asked the applicant no.1 to leave this house. Thereafter, several efforts were made for reconciliation by the applicant no.1, however, the respondent no.1 did not ready to settle the dispute. Therefore, the applicants have preferred Criminal Misc. Application No.236 of 2018 for maintenance under sec. 125 of the Code of Criminal Procedure and after considering the evidence on record and learned Family Court vide order dtd. 25/3/2021 granted maintenance of Rs.7,000.00 to the applicant no.2. Being aggrieved by the said order passed by the learned Family Court, Mehsana, present Criminal Revision Application is filed by the applicants for enhancement of maintenance amount.