MANISHABEN DHARMESHBHAI ANARKAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By consent of both the parties, the main Criminal Revision Application is taken up for final disposal.

(2.) The applicant in the main revision application is husband who has challenged the order of maintenance passed against him by impugned order dated 19.09.2016 in Criminal Misc. Application No.571 of 2012 by the Family Court, Rajkot. The applicant has in fact prayed only to remand the matter back to the Family Court, Rajkot for its adjudication on merits by quashing and setting aside the impugned order solely on the ground that reasonable and sufficient opportunity has not been extended to the applicant to prove his case so as to rebut the evidence led by the respondent No.2 wife.

(3.) It is undisputed fact that the respondent No.1 - State is a formal party; the respondent No.2 is wife of the applicant and respondent No.3 is their minor son. It is also undisputed fact that the respondent No.2 - wife has preferred one application on 23.07.2012 under Section 125 of the Criminal Procedure Code, 1973 ('Code', for short), for claiming maintenance for herself and their minor son to the tune of Rs.25,000/- and Rs.15,000/- respectively. By the impugned order, Family Court, Rajkot has awarded an amount of Rs.20,000/- towards maintenance of wife and Rs.10,000/- towards maintenance of their minor son i.e. total of Rs.30,000/-.