ASHOKBHAI DEVSINGBHAI CHAUHAN Vs. TARABEN ASHOKBHAI CHAUHAN

JUDGEMENT

(1.) The present applicant has challenged the judgment and order dated 16.07.2019 passed by learned Principal Judge, Family Court No.1, Ahmedabad in Criminal Misc. Application No. 1328 of 2019 directing Bank of baroda, Science City Branch to deduct Rs. 30,000/- per month from the pension account of the applicant and credit to the account of the respondent no.1 towards the maintenance amount in arrears to the tune of Rs. 10,23,678/-.

(2.) Brief facts of the present case are as under:

(3.) That, the marriage of the applicant and the respondent no.1 was solemnized at Ahmedabad on 19.05.1996 as per the rites and ritual of their society. That, there was second marriage of both the parties and both of them had known the said fact prior to their marriage. That, thereafter on 08.07.2001, respondent no.1 left her matrimonial home without any reason and later on, the respondent no.1 filed cases against the applicant wherein initially in the year 2001, Rs. 500/- was awarded towards maintenance amount and presently, the maintenance has been raised to Rs. 15,000/- per month. Thereafter, a compromise pursis was filed in the proceedings of Family Suit No. 367/2009 on 09.05.2011 but no order was passed by the learned Judge of the Family Court on this aspect and accordingly, the respondent no.1 has once again started to stay with the applicant at her matrimonial home and thereafter, the amount of monthly maintenance was increased to Rs. 8000/- per month and respondent no.1 has desserted husband without any reason and once again started filing litigation against the applicant and Criminal Misc. Application No. 1328 of 2019 was filed for recovery of maintenance for four months. The learned Family Court has passed the impugned order.