PRAVINKUMAR MANILAL PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr.Salim M Saiyed, learned advocate for the applicant, Mr.Devang J. Joshi, learned advocate for the respondent no. 2 and Mr. K.P. Raval, learned APP for the respondent-State.

(2.) THE petitioner is original opponent being husband before the Family Court, Ahmedabad where respondent wife has filed an Application under Section 125 of the Cr.P.C. claiming maintenance of Rs.10,000/- per month + Rs.3000/- per month towards medical expenditure. In Criminal Misc. Application No.1673 of 2011, which was filed on 05.08.2011, an application for interim maintenance at Exh.3, is allowed by the trial court vide order dated 18.12.2012 granting interim maintenance of Rs.8000/- from 05.08.2011 to the respondent-wife.

(3.) THOUGH wife has narrated the entire history of problems in her affidavit-in-reply filed before this Court, there is not a single word, so far as, income of the husband is concerned. Therefore, at such interim stage, it would be difficult to determine the issue finally and that too without having any evidence on record. Thereby one has to go by some presumption. The husband has also filed reply affidavit and annexed the statement of transaction of his bank account. Such statement of transaction in the bank account of the husband confirms that the maximum balance in his account between February, 2013 till May, 2013 was only Rs.9200/- and there is specific entries regarding receipt of salary from Arth Air Technologies Pvt. Ltd. which is Rs.8500/- for the months of March, April and May, 2013. Therefore, unless other proper and cogent evidence is produced on record, it cannot be said that husband is earning Rs.25,000/- as alleged by the wife in her application. If we believe such statement of bank account, there is no option but to interfere with the interim maintenance being Rs.8000/- per month where the total salary of the husband is only Rs.8500/-. Therefore, this Revision Application is required to be allowed by interfering the impugned order dated 18.12.2012 in Criminal Misc. Application No.1673 of 2011 passed by the Family Court, Ahmedabad. Thereby this Revision Application is partly allowed and the impugned order is modified to the extent that petitioner-husband is directed to pay interim maintenance of Rs.2000/- per month to the respondent- wife. Petitioner shall continue to pay Rs.3000/- per month from next month till arrears is wiped out. This order is towards interim maintenance. The trial court shall decide the main application on its own merits after considering the evidence on record. Once the amount paid as per aforesaid directions shall be accounted after final order of maintenance thereby if any amount is paid in excess to final order of maintenance, the same shall be given credit to the present petitioner-husband.