ROHITBHAI MADHAVLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this application, applicant has requested to quash and set aside the judgement and order dtd. 16/10/2019 passed in Criminal Misc. Application No. 138 of 2018 by learned Additional Chief Judicial Magistrate of Unjha as well as order dtd. 2/9/2021 passed in Criminal Appeal No. 83 of 2019 by 3 rd Additional Sessions Judge of Mehesana at Visnagar.

(2.) Heard learned advocate for the applicant.

(3.) Learned advocate for the applicant submits that impugned orders passed by the Courts below are prima facie illegal and against the evidence on record which has resulted into miscarriage of justice. That, present applicant is not in a position to pay Rs..00Rs.8000.00 per month to the respondent Nos. 2 and 3 as ordered by the Court below. That, respondent No.2 has not produced any evidence in support of her claim that, application is earning Rs..0075,000/- per month. Therefore, respondent no.2 is failed to prove the allegations levelled by her. That, applicant is earning only Rs..007,000/- per month by doing retail business and in this regard, he had executed one affidavit showing his income in the format of Sec. 125 of Cr.P.C. That, observations of the Court below that respondent has no independent source of income is contrary to the photographs produced by the present applicant at Exh. 17 as she is working in the shop namely "Butterfly Boutique". That, referring Exh. 37 i.e. a complaint filed by the respondent No.2 i.e. C.R.No. 203 of 2017, it is submitted that respondent No.2 hserself has stated that, she is working with "Butterfly Boutique" and currently also she is working at Unja APMC and getting salary of Rs.9,000.00 per month. Both the Courts have committed grave error in not considering the income of the respondent No.2 and granting maintenance of Rs..00