LALITKUMAR JIVRAJBHAI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has requested to quash and set aside the judgment and order dtd. 19/2/2021 passed by the learned Principal Judge, Family Court, Gandhinagar wherein the learned Family Court has awarded a sum of Rs.15,000.00 as monthly maintenance to be paid by the petitioner to the respondent No.2.

(2.) Brief facts of the case are that the petitioner is the original respondent -husband, against whom respondent No.2 -wife filed Criminal Misc. Application No. 151 of 2020 before the learned Principal Judge, Family Court, Gandhinagar under Sec. 127 of the Code of Criminal Procedure seeking enhancement of maintenance to Rs.30,000.00 per month, alleging that the petitioner was earning about Rs.70,000.00 to 75,000/- per month and had subjected her to mental and physical cruelty before driving her out of the matrimonial home on 6/4/2018. The petitioner filed his reply stating that his gross salary was Rs.69,354.00 and net take-home salary was Rs.54,499.00, out of which he had financial obligations including maintenance to his parents, rent, and loan installments. Both parties led oral evidence, and upon appreciation of the same, the learned Family Court partly allowed the application and awarded Rs.15,000.00 per month to the respondent No.2 as maintenance from the date of application. It is further relevant that earlier, the respondent No.2 had filed an application under Sec. 125 of the Code of Criminal Procedure, being Criminal Misc. Application No. 313 of 2018, which came to be decided on 20/9/2019, awarding Rs.5,000.00 per month as maintenance from the date of filing..

(3.) Heard learned advocates for the respective parties.