VISHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring present application, applicant has prayed to quash and set aside the judgment and order dtd. 21/10/2021 passed by learned Judge, Family Court No.4, Ahmedabad in Criminal Misc. Application No. 1558 of 2018 .

(2.) Brief facts of the present case are as under: 2.1 That the respondent no.2 herein had preferred an application under Sec. 125 of the Code of Criminal Procedure before the Learned Family Court at Ahmedabad for seeking the maintenance for herself and the minor daughter- respondent no.3 herein who is aged about 5 years. That, applicant herein got separated and for which they entered into agreement dtd. 13/11/2017, wherein they had willfully and amicably agreed on certain terms. That the agreement was under specific understanding on the certain terms and conditions including the maintenance wherein the respondent no.2 has waived her rights of maintenance and the same had been confirmed by her in her deposition before the Ld Trial Court. She also deposed before the trial Court that she is able to earning and getting salary of Rs.40,000.00per month. That after hearing both the parties, learned trial Court has passed an impugned order directing the applicant to pay the maintenance amount to the tune of Rs.10,000.00per month to the respondent no. 3. Hence, the applicant has approached this court by way of present application.

(3.) Heard learned advocate for the applicant, learned advocate for the respondents no.2 and 3 and learned APP for the respondent no.1-State.