DIPAKBHAI BHARATBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent No. 1 and learned advocate Mr. P.M. Lakhani waives service of notice of rule for and on behalf of respondent No. 2.

(2.) By way of preferring this revision application, applicant has challenged the judgment and order dtd. 17/5/2021 passed by learned Principal Judge, Family Court, Bharuch in Criminal Misc. Application No. 380 of 2018 granting maintenance under Sec. 125 of the Code of Criminal Procedure 1973 (hereinafter referred to as "the Cr.P.C.) to respondent No. 2.

(3.) Short facts of the present case may be summarized as under: Respondent No. 2 filed an application being Criminal Misc. Application No. 380 of 2018 under Sec. 125 of the Cr.P.C. seeking maintenance of Rs.20,000.00 per month from the applicant. It was the case of respondent No. 2 that she got married with the present applicant on 23/4/2017. Earlier the applicant got married with one Aashaben and she was given divorce, and thereafter, it was the second marriage of the applicant with respondent No. 2. From earlier marriage, the applicant is having a daughter and was residing with him. It was her case that applicant was keeping relations with his first wife, quarrel was taken place between them, and therefore, she was beaten. Because of that reason, respondent No. 2 was driven out from her matrimonial home by the present applicant. She had filed a complaint against the present applicant before the Mahila Police Station, Bharuch on 26/5/2018, where personal bond of the applicant was taken but thereafter also, applicant did not bring her back and therefore, she preferred an application for maintenance. It was the case of respondent No. 2 that applicant is having 7 Bighas of lands where he is taking crops of banana, bitter guard, vegetables etc. and earning Rs.5.00 Lakhs per annum. He is having two floor house, car, tractor, bike etc., and therefore, she prayed to grant maintenance at Rs.20,000.00 per month by way of maintenance.