SASHIKANTBHAI PURSHOTTAMBHAI PATEL Vs. SAROJBEN AMRUTBHAI PATEL

JUDGEMENT

(1.) HEARD learned advocate Mr. Ravindra Shah for the applicant, learned advocate Mr. Viral Vyas for learned advocate Mr. Ashish Dagli for the respondent No.1 and learned APP Ms. Jirga Jhaveri for the State being formal party.

(2.) JUDGMENT and order dated 18.02.2014 by the Family Court, Gandhinagar in Criminal Misc. Application No. 214 of 213 is under challenge by the husband, since the Family Court has awarded Rs.18000/ - towards maintenance to the wife.

(3.) THE sum and substance of the submissions by the learned advocate for the petitioner is to the effect that, the Family Court has failed to appreciate that the amount of maintenance can be decided only upon the income and earning capacity of the husband and not based upon the movable properties held by the husband, further submitting that even if immovable properties are to be considered, the family Court has failed to appreciate that the properties referred in the impugned judgment and by wife is not owned or hold solely by the husband at all. So far as earning capacity is concerned, it is the say of the husband that his income is not as handsome or as claimed by the wife, so as to enable him to pay Rs.18000/ - per month towards maintenance. In addition to such factual submissions on merits of the issue, it is further submitted that in fact wife has dragged out the husband from their house and, thereby, wife is having the residential accommodation and husband is paying Rs.3000/ - per month towards maintenance on his own but after filing such application for maintenance in the year 2012 the wife has refused to accept such amount of maintenance of Rs.3000/ -. Unfortunately, while submitting such facts initially an attempt was made to make show that husband has provided a flat to the wife and children and paying Rs.3000/ - to the wife as if there is no negligence by the husband to maintain the wife and their children.