JAYDEEP Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 30/6/2012 passed by the learned Principle Judge, Family Court, Vadodara below Exh.15 in Criminal Application No.493 of 2011.

(2.) The petitioner is the husband against whom the respondent - wife preferred application under Sec. 125 of the Code of Criminal Procedure, 1973 for maintenance before the court of Principle Judge, Family Court, Vadodara being Criminal Application No.493 of 2011 wherein she has alleged that she got married to the petitioner on 3/5/2009 and for some time, she was treated well, but thereafter due to instigation of the family members of the petitioner, on 21/8/2009 dowry was demanded from respondent No.2, and therefore, the petitioner sent her to her paternal home. Thereafter, the respondent No.2 tried to go back to her matrimonial home, however, the petitioner refused to stay with her, and therefore, once again she had to come back to her parental home at Vadodara. In the application before the Family Court, the respondent No.2 stated that the petitioner is earning around Rs.15,000.00 by driving private luxury bus and he is also having agricultural land at village Yava in Anand District and thereby he is earning Rs.50,000.00 p.a and prayed for an amount of Rs.10,000.00 p.m towards maintenance.

(3.) During the pendency of this petition, the petitioner was not paying the amount of maintenance regularly, and therefore, even warrant was issued against him. However, after clearing the arrears for some time, lastly as the petitioner could not clear the arrears, warrant was issued against him which was stayed by this Court directing the petitioner to deposit a sum of Rs.50,000.00 on or before 1/3/2022. However, the petitioner failed to deposit the sum of Rs.50,000.00 before the stipulated time, and therefore, vide order dtd. 16/3/2022, the stay against the execution of the warrant against the petitioner was vacated.