JIGNESHKUMAR KANUBHAI DHAMELIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition filed u/s 397 r/w Sec. 401 of the Code of Criminal Procedure, 1973 (in short "the Code"), the Application No.1411 of 2017, whereby in exercise of jurisdiction u/s 125 of the Code, the learned Family Judge granted monthly maintenance of Rs.5000.00 to the deserted wife and Rs.2500.00 to the minor child commencing from 30/11/2017.

(2.) Heard learned advocate Mr. Vaghani for the petitioner, learned advocate Mr. Gondaliya for the private respondents and learned APP.

(3.) Learned advocate for the petitioner assailed the impugned order in two counts. Firstly, there was five years marriage span between both the parties. He would further submit that the wife has left the matrimonial home on her own, as there was some financial loss earned by the husband. Pressing into service Sec. 125(4) of the Code, he would submit that since the wife without reason has left the matrimonial home, she is not entitled to any maintenance amount u/s 125 of the Code. He would further submit that the learned Family Judge has not considered the income aspect of the husband in its true perspective. The husband has already suffered huge loss in his business and yet, without considering that aspect, the learned Family Judge has granted alimony to the wife in absence of desertion thereof. Thus, he requests to interfere with the impugned order as far as it favours the wife and he is not assailing the impugned order as far as granting maintenance to the minor child. He would further submit that the parents of the wife has used the wife as a tool to settle the loss suffered the loss arrived at between the brother-in-law and the petitioner. In that circumstances, he requests to allow this petition under revisional jurisdiction.