HIRALAL BHANUDAS PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr. Vaibhav N. Sheth for the petitioner and learned advocate Mr. Paresh M. Darji for respondent Nos. 2 to 5. Perused the record.

(2.) Petitioner has challenged the judgment and order dated 10.02.2016 by the Family Court, Anand in Criminal Misc. application No. 541 of 2013 (old No. 18 of 2013). By such order, the Family Court has granted an amount of Rs.5000/ - towards maintenance of respondent No.2 whereas Rs.10,000/ - towards consolidated maintenance of respondent Nos. 3, 4 and 5. Therefore, total Rs.15,000/ - maintenance is awarded to be paid by the husband and father of such deserted wife and minor children. The petitioner has challenged such order in this r application contending that he had not given an opportunity to produce his evidence or to cross - examine the respondent - wife or to prove his case and that she has suppressed the order dated 24.11.2014 regarding maintenance granted by the learned 3rd Additional Chief Judicial Magistrate of Anand in Criminal Misc. Application No. 38 of 2013 under the provisions of the Protection of Woman from Domestic Violence Act, whereby the Court has directed him to pay Rs.1500/ - to wife and Rs.700/ - to the minor children and, therefore, total Rs.3600/ -.

(3.) As against that, learned advocate for the respondents has pointed out that, in fact, the Family Court has not only waited for the petitioner but when wife has filed her affidavit as examination in chief, though present petitioner is appeared through advocate but since he was remaining absent and his advocate was also remaining absent, forwarded such copy of affidavit by RPAD to the present petitioner and there is acknowledgment on record to confirm that petitioner has received such affidavit as examination - in - chief. However, thereafter when present petitioner has failed to take part in judicial proceedings, so as to rebut the case of other - side or to prove his own case and thereby to avoid the payment of maintenance, the Family Court has granted maintenance as aforesaid.