JAYMINKUMAR HARSHADRAI SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Special Criminal Application has been preferred by the petitioner - husband ­ original opponent, to quash and set aside the impugned judgement and order dtd. 2/3/2009 passed by the learned Additional Sessions Judge, FTC No.5, Vadodara in Criminal Revision Application No.132 of 2008 by which the revisional court has dismissed the said revision application preferred by the petitioner herein ­ husband, confirming the order dtd. 10/4/2008 passed in Criminal Misc.Application No.195 of 2006 awarding maintenance to the respondent No.2 ­ wife at the rate of Rs.3200/- per month and at the rate of Rs.2800/- per month to the respondent No.3 ­ minor daughter, under section 125 of the Code of Criminal Procedure.

(2.) THE respondent Nos.2 and 3 herein - wife and minor submitted maintenance application being Criminal Misc.Application No.195 of 2006 before the learned Judicial Magistrate (First Class), Vadodara under section 125 of the Code of Criminal Procedure claiming maintenance from the petitioner ­ husband. On appreciation of evidence, the learned Judicial Magistrate (First Class), Vadodara considered the income of the petitioner - husband at Rs.10,000/- per month and considering three units, the learned Judicial Magistrate (First Class), Vadodara partly allowed the said application directing the petitioner - husband to pay Rs.3200/- per month to the respondent No.2 ­ wife and Rs.2800/- per month to the respondent No.3 ­ Minor daughter, in all Rs.6000/-, towards maintenance under section 125 of the Code of Criminal Procedure, which has been confirmed by the learned revisional Court by the impugned judgement and order.

(3.) MR .Buddhbhatti, learned advocate appearing on behalf of the petitioner - husband has submitted that at the relevant time when the maintenance application under section 125 of the Code of Criminal Procedure was submitted by the respondent Nos.2 and 3 ­ wife and minor daughter, the income of the petitioner - husband was not Rs.10,000/- per month and therefore, the order passed by the learned Judicial Magistrate (First Class), Vadodara directing the petitioner - husband to pay Rs.3200/- per month to the respondent No.2 ­ wife and Rs.2800/- per month to the respondent No.3 ­ Minor daughter, in all Rs.6000/-, towards maintenance under section 125 of the Code of Criminal Procedure, from the date of application, confirmed by the revisional court, cannot be sustained.