SNEHABEN INDUBHAI CHUDASAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present applicants have challenged the order dtd. 1/2/2022 passed by the learned Principal Judge, Family court, Bhavnagar below Exh.6 in Criminal Misc. Application No.219 of 2021, by which the learned Principal Judge was pleased to dismiss the application of the applicant no.1 for grant of interim maintenance to her and partly allowed the application of the applicant no.2 and granted only Rs.3,000.00 per month towards her interim maintenance under Sec. 125 of the Code of Criminal Procedure, 1973. The applicants have preferred this application with a prayer to quash and set aside the impugned order to the extent of dismissal of the application of the applicant no.1 for grant of interim maintenance and to enhance the amount of interim maintenance to the applicant no.2.

(2.) Considering the issue involved in the present petition that the learned Family Court, Bhavnagar has dismissed the application of the present applicants for interim maintenance on the ground that the applicant no.1 has not complied with the order of the Hon'ble Apex Court in the case of Rajnish Vs. Neha with an observation that before marriage also, the applicant no.1 was serving and getting Rs.10,000.00 per month, this Court is not inclined to issue notice to the respondent no.2.

(3.) Notice returnable forthwith. Learned APP waives service of notice for and on behalf of the respondent - State.