LOVELEEN EDWIN SINGH Vs. TANULLATA BABUBHAI CHRISTIAN

JUDGEMENT

(1.) This Criminal Revision Application has been filed by the applicant under section 394 read with section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) to quash and set aside an order dated 22/5/2015 passed in Criminal Criminal Misc. Application No.878 of 2009 by the learned Judge, Family Court No.4, Ahmedabad, whereby the under section 125 of the Code for maintenance was allowed and the applicant was directed to pay monthly maintenance of Rs.3,000/ - to wife and Rs.1500/ - each to two minor daughters till 31 -12 -2014 and thereafter at the rate of Rs.5000/ - per month to wife and Rs.3000/ - each to two minor daughters.

(2.) Short facts are that marriage of applicant with respondent No.1 was solemnized on 29 -1 -2001 and they had two children out of said wedlock. Initially there were no disputes, however, thereafter, gradually disputes started between the parties and as a consequence thereof, respondent No.2 started residing at her parental home. As the disputes grew further, the respondent No.2 filed an application under section 125 of the Code for maintenance. Prior thereto, the respondent No.2 -wife filed an application against the applicant under the provisions of Domestic Violence Act in 2008. The applicant had also filed an application for divorce and custody of children before the competent Court. During the pendency of those proceedings, a settlement was arrived at between the parties whereby the applicant started to reside with the respondent No.2 at her parental home. As the disputes again started between the parties, the respondent No.2 -wife filed a complaint for the offence punishable under section 498(A) of IPC. The respondent No.2 thereafter pursued the application for maintenance filed by her. Said application was allowed and the applicant was directed to pay monthly maintenance of Rs.3,000/ - to the wife and Rs.1500/ - each to two minor daughters till 31 -12 -2014 and thereafter at the rate of Rs.5000/ - per month to the wife and Rs.3000/ - each to two minor daughters. Hence, the present revision application has been preferred by the applicant.

(3.) Heard Mr. Vaibhav A. Vyas, learned advocate for the applicant, Mr. Iqbal M. Malik, learned advocate for the respondent Nos.1 to 3 and Mr. K.L. Pandya, learned APP for the respondent No.4.