MITULBHAI BHIHARILAL MAJETHIYA Vs. RUPALBEN MITULBHAI MAJETHIYA (THAKKAR)

JUDGEMENT

(1.) Present petition under Article 226 and 227 of the Constitution of India is filed by the petitioner for the purpose of seeking following relief;

(2.) The case of the present petitioner / husband / original opponent is that the petitioner has married with the respondent on 28/5/2015 as per the Hindu rituals and ceremonies in the presence of relatives and friends at Bhuj. During pregnancy period of respondent, petitioner allegedly found to have private chatting with someone and on account of that allegation, counter allegation cropped up in which petitioner also found his wife using coding language to talk with one of the in laws of the petitioner Mr. Uday Thaker. On account of such suspicious and chat history the dispute erupted in the matrimonial relief, on account of which the litigation generated between the parties resulted into filing Criminal Misc. Application No.48 of 2016. The case by respondent wife under the provisions of Sec. 12 of the Domestic Violence Act 2005 which is pending for consideration before the learned Chief Judicial Magistrate, Bhuj. On account of this, the petitioner has also filed divorce petition against respondent wife u/s. 13 of the Hindu Marriage Act. The same was submitted before learned Principal Sr. Civil Judge, Bhuj being Hindu Marriage Petition No.65 of 2016 which later on transferred to the Family Court, Bhuj and the same was upon transfer numbered as Family Suit No.120 of 2016. The same is also pending.

(3.) Learned advocate for the petitioner has submitted that respondent wife is very literate lady and she is self sufficient and is also earning. Looking to her educational qualification and as such award of an amount of Rs.4000.00 is also not justiciable in the eyes of law. It is further submitted that if income tax returns are looked into then this amount would not have been awarded to be paid to the respondent and in any case it has been submitted by the learned advocate that he is regularly paying the amount which is being awarded and additionally he is paying maintenance which is awarded u/s. 125 of the Code of Criminal Procedure. As a result of this, since there is no error the order be set aside in the interest of justice. No other submission is made.