RAJAKBHAI ALLARAKHA VOHARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has requested to quash and set aside the judgment and order dtd. 7/4/2022 passed in Criminal Misc. Application No. 226 of 2020 by learned Principal Judge, Family Court, Anand.

(2.) Brief facts of the present case are as under:

(3.) The marriage of the applicant and respondent no.2 was solemnized on 21/11/2020 as per the Muslim customs and out of their wedlock, respondents no.3 and 4 (two sons) are born and later on the matrimonial disputes are started between both the husband and wife and therefore, respondent no.2 filed Criminal Misc. Application No. 71 of 2013 under Sec. 125 of the Code of Criminal Procedure whereby, learned trial court granted maintenance of Rs.2250.00 in favour of the respondent no.3 and Rs.2250.00 in favour of the respondent No.4 in all Rs.4500.00 per month. Thereafter, applicant filed application under the Guardian and Wards Act for the custody of the children wherein vide order dtd. 7/9/2017, the said application was allowed by giving visitation rights. Thereafter, respondent no.2 filed complaint under Sec. 498A etc of IPC and under the provisions of D.V. Act wherein trial was conducted and applicant and his family were acquitted by the learned Additional Chief Judicial Magistrate Court at Anand in Criminal Case No. 115 of 2013 on 27/11/2018. Thereafter, applicant filed application under Sec. 127 of the Code being Criminal Misc. Application No. 671 of 2017 and vide order dtd. 2/1/2019, it was partly allowed and learned court below decreased the maintenance amount of the wife from Rs.4500.00 to Rs.3500.00. and thereafter, applicant has filed Criminal Misc. Application No. 226 of 2020 under Sec. 127 of the Code and vide order dtd. 7/4/2022, the same has been rejected and thus, the applicant has approached this court against such rejection order by way of this revision application.