MOHAMMAD KAMIL MOHAMMAD SALIM MALEK Vs. TASKIN BANU W/O MOHAMMAD KAMIL MALEK D/O MUSTAKHUSSAIN BEHLIM

JUDGEMENT

(1.) Draft amendments tendered by the learned advocate for the applicant is taken on record and the same are allowed. Learned advocate for the applicant to carry out the same forthwith.

(2.) This Revision Application, under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is filed challenging the order dated 27.03.2019 passed by the learned Principal Family Judge, Aravalli, Dist: Modasa in Criminal Misc. Application No.113 of 2018 awarding maintenance to the respondent No.1-wife at the rate of Rs.7,000/- per month from the date of the application dated 01.08.2018 in a proceeding under Section 125 of the Code of Criminal Procedure, 1973.

(3.) Heard Shri Rafik Lokhandwala, learned advocate for the applicant. It is submitted by him that the factum with regard to the ownership of the medical store, where the husband is serving, though within the knowledge of respondent No.1-wife, as admitted by her in the cross-examination, has not been mentioned in the application made seeking maintenance. He has further contended that he is not the owner of the medical store, as claimed by respondent No.1-wife. It is further contended that as per the certificate issued by the owner of the medical store, where he is working, the applicant earns only Rs.8,000/- per month whereas the order impugned awarding Rs.7,000/- towards maintenance to respondent No.1-wife is on a very higher side. He has further contended that the owner of Hayat Medical Store is also examined as witness vide Exh. 31. Drawing attention to the deposition of Shri Patel Mohammad Zuber Ismailbhai - owner/proprietor of Hayat Mecial Store, where the husband is serving, which is at page-29, learned advocate has contended that the husband is serving in the said Medical Store since last about 10 years. It is also stated in his deposition that initially he was paid Rs.400/- to Rs.500/- as salary, however, at present, the applicant is being paid Rs.8,000/- as salary. The witness- Shri Patel Mohammad Zuber Ismailbhai produced by the husband is also cross examined on behalf of respondent No.1- wife. He has further contended, drawing attention to the deposition of respondent No.1-wife itself, that the husband is earning monthly salary of Rs.8,000/-. In view of his own deposition, as also the deposition of his owner / proprietor of Hayat Medical Store, where the husband is serving, learned advocate for the applicant contended that the amount of maintenance ordered by the learned Family Court is on a very higher side and he requests to quash and set aside the order exercising the powers under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.