NIRALBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicants have requested to quash and set aside the judgment and order dtd. 9/4/2018 passed by learned Family Court No.5, Ahmedabad in Criminal Revision Application No. 424 of 2014 and enhance the maintenance amount granted by the learned Family Court.

(2.) This court, vide order dtd. 6/7/2022, issued notice of rule to the respondent no.2 and thereafter, matter was adjourned time to time till date, though none was appeared for and on behalf of the respondent no.2 to content the application filed by the present applicants.

(3.) Having heard learned advocate for the applicants and learned APP for the respondent no.1-State, it appears that vide judgment and order dtd. 9/4/2018 passed by learned Family Court No.5, Ahmedabad in Criminal Revision Application No. 424 of 2014, respondent no.2 husband was directed to pay Rs.7,000.00 per month to the applicant no.1 and Rs.3,000.00 per month to the applicant no.2 towards maintenance amount from the date of filing application for maintenance ie., 25/2/2014. As against the said order, applicants have preferred present revision application for enhancing such maintenance amount. As per submissions of learned advocate for the applicants, the respondent no.2 husband is living lavish life at Sydney and earning huge amount and has not taken care to pay any amount of maintenance to the wife and minor daughter. Thus, while considering the aspect that the respondent no.2 is residing at abroad and living lavish life and not taking care of his wife in India and it is the duty of the husband to maintain his wife and daughter, and therefore, the wife and daughter would be entitled to the same standard of living, which she was enjoying while living with the applicant- husband.