KETAN PRAFULBHAI VYAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Asit B.Joshi for the applicant, learned advocates Ms.Garima Malhotra with Mr.Bhash H.Mankad for respondents No.2 and 3 and learned APP Mr.K.P. Raval for respondent No.1 ­ State being formal party.

(2.) The applicant ­ husband has challenged the order dated 5.8.2015 by the Principal Judge, Family Court, Rajkot in Criminal Misc.Application No.61 of 2011. By such impugned order, Principal Judge, Family Court, Rajkot has awarded an amount of Rs.7,000/ - to Rs.10,000/ - for different period between 25.1.2011 being date of application till date of order and period thereafter. By same impugned order, an amount between Rs.3,500/ - to Rs.5,000/ - is also awarded towards maintenance of minor son of the spouse. Thereby, from 1.1.2015, the total liability of the applicant ­ husband is to pay Rs.10,000/ - as maintenance to the wife and Rs.5,000/ - to their minor son i.e. total Rs.15,000/ -. In addition to such amount of maintenance, the Family Court has also directed the husband to pay a lump sum amount of Rs.3 Lacs for the provision of residential accommodation. I have heard both the sides and perused the available record, which includes oral evidence of both the sides so also reply and affidavit -in - rejoinder before this Court.

(3.) However, irrespective of factual details emerging from record, it is clear that Family Court has no jurisdiction whatsoever to award lump sum amount towards provision for residential accommodation when claim is under Section 127 of the Code of Criminal Procedure ('the Code', for short) for increasing the amount of maintenance already awarded u/s.125 of the Code, though the Family Court may have similar jurisdiction in case of appropriate application under any other enactment viz. Protection of Women from Domestic Violence Act, 2005 and Hindu Adoption and Maintenance Act, 1956 etc. Therefore, by all means, there is reason to interfere with the impugned order and to quash and set -aside the impugned order so far as it is directing the applicant ­ husband to pay the lump sum amount of Rs.3 Lacs towards provision for residential accommodation.