DINESHBHAI VALABHAI BHARWAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed by the petitioner - husband, challenging an order passed by Principal Judge, Family Court, Aravalli at Modasa dtd. 20/12/2018 in Criminal Misc. Application No. 69 of 2018, whereby respondent - wife is awarded Rs.10,000.00 as maintenance per month and minor son is awarded Rs.5,000.00 as maintenance to him. In all, petitioner - husband is ordered to pay Rs.15,000.00 per month to the respondent - wife and minor son.

(2.) Heard Mr. J.V. Japee, learned advocate for the petitioner. According to his submission, since 2013, the respondent - wife is staying separately and she has filed this application for maintenance in the year 2018. Therefore, it is a submission of Mr. J.V. Japee, learned advocate for the petitioner - husband, that for 5 years, she did not claim any maintenance and she can be said to be sufficiently earning, and therefore, she is not entitled for maintenance in the year 2018.

(3.) Having heard learned advocate Mr. J.V. Japee for the petitioner - husband as also going through the impugned judgment and order along with the depositions of the respondent - wife as also the petitioner - husband, it emerges that in 2017, as claimed by the respondent - wife, she was deserted by the husband which compelled her to stay with her parents. To record that finding, Court has examined the evidence led by the wife as also the husband after going through the depositions as also even documentary evidence produced by the husband himself, the Court believed that respondent - wife was deserted in the year 2017, and therefore, the claim made by the petitioner - husband that she had willingly deserted the husband in the year 2013 is absolutely a falsehood pleaded by the respondent and cannot be relied on.