KUMPAL JAGDISHBHAI MADRASI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Revision Application is filed under Sec. 397 read with Sec. 401 of Cr.P.C. to quash and set aside the order dtd. 16/2/2023 passed by the learned Family Court, Surat below Exh.85 in Criminal Misc. Application No.1182 of 2017, whereby, the learned Family Court, Surat has directed the petitioner to pay maintenance of Rs.12,000.00 per month from 27/9/2017 to December, 2019, Rs.14,000.00 per month from January, 2020 to December 2022 and further to pay maintenance of Rs.15,000.00 per month from January, 2023 regularly to the respondent - wife.

(2.) Facts of the case are as under :-

(3.) Principle contention of learned advocate for the petitioner - husband is that husband without any condition is ready and willing to take back wife. It is submitted that in view of Sec. 125(4) and Sec. 125(5) of Cr.P.C., wife is not entitled to get any maintenance amount. It is submitted that there is no consumption of marriage. It is submitted wife barely lived with the husband and started demanding huge amount as to clear loan of her father. It is submitted that wife is practicing Doctor having degree of BHMS and she is earning and therefore, wife is not entitled to get maintenance from husband. It is submitted that learned Trial Court has committed error in granting maintenance under Sec. 125 of Cr.P.C.. It is submitted that wife is not giving back passport to obtain VISA for herself to facilitate husband to take back to USA. The submissions are made to allow present Revision Application.