ALPABEN MONILKUMAR PATEL Vs. MONILKUMAR VINODBHAI PATEL

JUDGEMENT

(1.) By way of present application, the applicants have prayed to modify the judgment and order dtd. 30/9/2014 passed by the learned Judge, Family Court no.3, Ahmedabad in Criminal Misc. Application No.428 of 2011 and further prayed to enhance the amount of maintenance.

(2.) Heard learned advocates for the respective parties as well as learned APP for the respondent - State.

(3.) Brief facts of the case are that applicant-wife married to the respondent no.1- husband on 24/2/2000 as per the Hindu rites and rituals and after some time she had given a birth to baby boy viz. Rushabh. After sometime of the marriage life, the present respondent-husband and his family members had started giving threats and mental and physical torture to the applicant no.1 and the she was driven out from the house by the respondent-husband. Therefore, applicant no.1-wife preferred an application for maintenance before the learned Family Court, Ahmedabad being Criminal Misc. Application No.1887 of 2004, which was partly allowed by the learned Family Court, Ahmedabad vide order dtd. 8/2/2006, wherein the learned Family Court has directed the respondent- husband to pay an amount of maintenance of Rs.800.00 to the applicant no.1- wife and an amount of Rs.400.00 to applicant no.2-son. Against which, the respondent-husband had preferred Criminal Revision Application No.519 of 2006, which came to be disposed of. Thereafter, applicant no.1-wife had preferred an application under sec. 127 of the Criminal Procedure Code being Criminal Misc. Application No.428 of 2011 for enhancement of the maintenance before the learned Family Court, Ahmedabad, which was partly allowed by the learned Family Court and enhanced the amount of maintenance to the tune of Rs.2,500.00 per month. Hence, this application.