VAGHELA DIPIKABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this revision application filed under Sec. 397 read with Sec. 401 of the Cr.P.C., the applicants, who are the wife and two minor daughters of respondent No.2 herein, have challenged the judgment and order dtd. 24/9/2019 passed by the Family Court, Nadiad in Criminal Misc. Application No. 389 of 2018 whereby, the said application was partly allowed and the two minor daughters, viz. applicant Nos.2 & 3 herein, aged 3 years and 1 years respectively when this application was preferred, were awarded total maintenance of Rs.3000.00 per month.

(2.) The facts in brief as emerging from the record that the marriage between the applicant No.1 and respondent No.2 herein took place on 21/1/2014 as per their customs and rituals. The respondent No.2 herein is serving in the Armed Forces (Army). Out of the wedlock, two minor daughters, viz. applicant Nos.2 & 3 herein, were born and presently, both are residing with the applicant No.1. It is the say of the applicants that on account of some matrimonial dispute, the applicant No.1 was driven out of the matrimonial home on 8/6/2018 along with the two minor daughters. The applicants, thereafter, preferred the application seeking maintenance under Sec. 125 of Cr.P.C. before the Court below, which came to be partly allowed, by way of the impugned judgment and order. Being dissatisfied with the maintenance awarded, the applicants have preferred this revision seeking enhancement in the amount of maintenance.

(3.) It appears from the record that a dispute had arisen between the applicant No.1 and respondent No.2 on the issue of pregnancy of applicant No.1 for the reason that applicant No.1 was found to be pregnant while the respondent No.2 was away from the house for a longer period as he was serving in the Army. However, without entering into the said aspect and keeping in mind the scope and ambit of the application filed under Sec. 125 of Cr.P.C., the Court below awarded monthly maintenance to the minor daughters and not the applicant No.1. However, in the considered opinion of this Court, the amount of monthly maintenance awarded by the Court below is on the lower side considering the present day cost of living. Keeping in mind the future of the two minor daughters, who would be presently aged about 6 and 4 years respectively, this Court deems it appropriate to enhance their monthly compensation to Rs.15,000.00.