SHAH KIRAN UMESHBHAI Vs. SHAH UMESHBHAI BHAGWANDAS

JUDGEMENT

(1.) HEARD learned advocates for the parties.

(2.) THIS revision application has been preferred by the present petitioner against the judgment and order dated 27. 1. 2009 passed by the learned Principal Judge, Family Court, Ahmedabad in Criminal Misc. Application No. 3295 of 2006 by which the learned Judge has partly allowed the application filed by the present respondent No. 1 under Section 125 (1) of Cr. PC and ordered the petitioner to give maintenance of Rs. 1,000/- p. m. to the respondent No. 1 from the date of application i. e. 10. 12. 2006 and also passed an order to pay a sum of Rs. 500/- towards the cost of the application. However, the learned Judge rejected the application for maintenance qua the minor children of respondent No. 1, namely, Viral, Anal and son Harshal. The said order is challenged by the petitioner by way of filing the present revision application before this Court.

(3.) LEARNED advocate Mr. Rami for the petitioner took this Court through the judgment and order passed by the Family Court as well as brought to the notice of this Court that certain documents which were exhibited during the proceedings. In the opinion of this Court, the Family Court has not discussed or appreciated the evidence on record and passed the order. Hence, the learned advocates for both the sides requested that the matter may be remanded to the Family Court for taking a fresh decision.