VIPULKUMAR AMBALAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this application, applicant has challenged the order dtd. 21/8/2021 passed in Criminal Misc. Application No. 142 of 2019 by the learned Judge, Family Court, Anand .

(2.) Heard learned advocate for the applicant.

(3.) Learned advocate for the applicant submits that applicant is earning Rs.80,000.00 per annum and therefore, amount of Rs.15,000.00 per month awarded to respondent Nos. 2 and 3, is huge and exorbitant which would put the applicant is in a big financial trouble. That, applicant has to take care of his mother. That, respondent-wife is having qualification of M.Com Post Graduate and has also done a course of Post Graduate Diploma in Computer Science and P.G.D.C.A.. That, respondent-wife is educated woman and she is physically and mentally fit to work. That, wife has started her work in some organization, details thereof is known to the applicant. That, wife is refusing to live with the present applicant without any sufficient reason and however, learned Family Court allowed the maintenance illegally as she had willfully deserted the applicant, and therefore, she would not be entitled to claim any maintenance from the applicant. That, only on the basis of claim made by the respondent-wife and on her contentions, learned Family Court has decided an amount of maintenance which is clearly erroneous and illegal. That, applicant has limited income from his agricultural activities and he is earning amount of Rs.62,500.00 per annum from agricultural income, and therefore, on this ground also the impugned judgement and order is required to be quashed and set aside. Hence, it was requested by learned advocate for the applicant to allow this application and to quash and set aside the impugned order dtd. 21/8/2021 passed in Criminal Misc. Application No. 142 of 2019.