JASHODABEN PUJABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has prayed to quash and set aside judgment and order dtd. 2/8/2021 passed by the learned Judge, Family Court, Vadodara in Criminal Misc. Application No.408 of 2019.

(2.) Heard learned advocates for the respective parties as well as learned APP for the respondent - State.

(3.) Brief facts of the case are that son of the present applicant got married with respondent no.2 under the Hindu rites and rituals. Thereafter, both lived together as husband and wife and out of the said wedlock, there were two children. The respondent no.2 thereafter was driven away by the son of the applicant by giving physical and mental torture and also did not take care for providing any maintenance to her and their two children. Therefore, the respondent no.2-wife has filed Criminal Misc. Application No.318 of 1999, which was partly allowed by the learned JMFC, Vadodara vide order dtd. 31/1/2004 and the learned Family Court has granted maintenance of Rs.1,500.00 per month in all to respondent no.2-wife and two children (Rs.500.00 each). Being aggrieved by the said order the respondent no.2-wife has filed Criminal Misc. Application No.2188 of 2010 for enhancement of maintenance amount, which was partly allowed by the learned Family Court, Vadodara vide order dtd. 31/1/2004 and the learned Family Court has enhanced the amount of maintenance from Rs.500.00 per month to Rs.2,500.00 per month to respondent-wife alongwith both the daughters and Rs.3,000.00 per month from the date 9/12/2009. Thereafter, the respondent no.2-wife has preferred Criminal Misc. application No.408 of 2019 before the learned Family Court to recover amount of maintenance, which was not deposited by the son of the present applicant and therefore, the learned Family Court issued warrant against the applicant- husband and sent to the judicial custody for non-payment of the amount of maintenance. Hence, this application.