MITINBHAI CHANDRAKANT MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.Hardik H.Dave for the applicant and learned advocate Mr.Aditya R. Gundecha with learned advocate Mr.Narendra L. Jain for the respondent no.2 whereas learned learned APP Mr.Manan Mehta for the respondent no.1 State being a formal party since dispute is pertaining to maintenance under the Protection of Women from Domestic Violence Act, 2005; ("Domestic Violence Act " for short) .

(2.) Petitioner is husband whereas respondent no.2 is his wife. Respondent -wife has preferred one Criminal Misc. Application No.2184 of 2013 for appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005 before the Court of Judicial Magistrate First Class at Ahmedabad (Rural) , by judgment and order dated 21.05.2016, the Trial Judge has allowed such application and awarded amount of Rs.25, 000/- per month towards maintenance of wife and Rs.10, 000/- per month for the maintenance of their minor children under the Domestic Violence Act as interim maintenance. When such order was challenged by the petitioner husband in Criminal Appeal No.115 of 2016, 5th Additional Sessions Judge, Ahmedabad Rural at Ahmedabad has, vide impugned judgment dated 20.05.2017 dismissed the appeal and thereby, order of Trial Court awarding interim maintenance in favour of the wife and minor children has been confirmed.

(3.) Being aggrieved by both the above orders against him, petitioner has challenged those orders in the present revision application mainly on the ground that he is not earning as presumed by the Trial Court while awarding an amount of Rs.35, 000/- per month towards maintenance of his wife and children.