Gujarat High Court
Nasim D/O Suleman Shaikh And W/O Mohsin ... vs State Of Gujarat on 8 August, 2025
NEUTRAL CITATION
R/CR.RA/1485/2019 ORDER DATED: 08/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1485
of 2019
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NASIM D/O SULEMAN SHAIKH AND W/O MOHSIN SHAIKH & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
UMARFARUK M KHARADI(8155) for the Applicant(s) No. 1,2
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE D.N.RAY
Date : 08/08/2025
ORAL ORDER
1. Though served, none appears for the respondent No.2.
2. The present applicant has challenged the impugned judgment and order dated 24.07.2019 passed by the learned Principal Judge, Family Court, Godhra in Criminal Misc.Application No. 03 of 2018.
3. It has been recorded by the learned Principal Judge, Family Court at Godhra in the impugned order dated 24.07.2019 that the mimimum income which can be attributed to the Respondent No.2 is in the range of Rs.15,000 to 20,000/-. The said findings were recorded in the year 2019 at the relevant point of time, the revision
-applicant's child was aged about 2 years old and therefore, the revision-applicant has to presently look after herself as well as a Page 1 of 2 Uploaded by BINA SHAH(HC00353) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 21:47:55 IST 2025 NEUTRAL CITATION R/CR.RA/1485/2019 ORDER DATED: 08/08/2025 undefined child aged approximately 8 to 9 years which would involve school fees etc.
4. In such view of the matter, this Court deems it fit to provide for maintenance at the rate of Rs.10,000/- per month with effect from the date of filing of this application taking the income of the Respondent No.2 to be Rs.20,000/- per month. In any case, this Court is unable to approve the reasoning given in paragraph No.11 of the impugned order, by which a total maintenance of Rs.5,000/- has been fixed, as the same is clearly erroneous and against the settled principles as laid down by the Hon'ble Apex Court, in the case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324. Therefore, the impugned judgment and order dated 24.07.2019 passed by the Learned Principal Judge, Family Court, Godhra in Criminal Misc. Application No. 03 of 2018 is hereby modified. Rule is made absolute to the aforesaid extent.
(D.N.RAY,J) BINA SHAH Page 2 of 2 Uploaded by BINA SHAH(HC00353) on Tue Aug 12 2025 Downloaded on : Tue Aug 12 21:47:55 IST 2025