Gujarat High Court
Bhuriben Nathabhai Kohyabhai Harijan vs State Of Gujarat on 19 September, 2025
NEUTRAL CITATION
R/SCR.A/2277/2016 ORDER DATED: 19/09/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO. 2277 of
2016
==========================================================
BHURIBEN NATHABHAI KOHYABHAI HARIJAN
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
AVANI V PATEL(8016) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 19/09/2025
ORAL ORDER
1. Heard learned advocate Ms.Patel for the petitioner and learned APP for the respondent State. Respondent no.2 and 3 though served, did not remain present.
2. Essentially the petitioner challenges the order dated 11.01.2016 passed by the learned Additional District Judge, Kheda at Nadiad in Criminal Revision Application No.69 of 2015, whereby, Revision Application was partly allowed and amount of maintenance was enchanced from Rs.3500/- to Rs.5000/- by modifying the order passed below Exh.30 in Criminal Misc. Application No.137 of 2014. This proceedings is under section 127 of Cr.P.C.
3. Solitary argument of learned advocate Ms.Patel for the petitioner that pay slip of private respondent for the month of October, 2014 to November, 2014 indicates gross salary of Page 1 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 22:55:31 IST 2025 NEUTRAL CITATION R/SCR.A/2277/2016 ORDER DATED: 19/09/2025 undefined Rs.26,557/- which is produced to Annexure C. Assailing order passed by learned Sessions court, learned advocate for the petitioner would submit that learned Sessions Court has taken up salary of private respondent as Rs.16,117/- and granted maintenance of Rs.5000/-. It is submitted that she is appointed from High Court Legal Services Committee. It is submitted that pay slip placed on record was not available to the petitioner when Revision Application was filed and she could not brought to the notice of the learned Sessions Court. It is submitted that since proceedings is for maintenance for destitute wife, the Court may take pragmatic approach and considering pay slip, this Court may pass appropriate order for enhancement of maintenance.
4. Learned APP for respondent State supports the case of the petitioner.
5. Perusal of order passed by learned Sessions Court in Criminal Revision Application No.69 of 2015, reason for enhancement of maintenance starts from para 6, whereby, learned Sessions Court rightly referred to judgment in the case of Shamima Farooqui v/s. Shahid Khan of Hon'ble Apex Court in Criminal Appeal No.564 - 565 of 2015 to believe that wife is entitled to lead life in the similar manner as she would have lived in the house of her husband. Learned Sessions Court has taken net income of private respondent to Rs.16,117/- to assess amount of maintenance but failed to appreciate various deduction made by the private respondent towards GP Fund, Society fund, LIC etc. fall within income of respondent husband and they needed to be calculated while assessing income of the Page 2 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 22:55:31 IST 2025 NEUTRAL CITATION R/SCR.A/2277/2016 ORDER DATED: 19/09/2025 undefined husband. Taking up net income of Rs.16,117/- by learned Sessions Court to assess maintenance is clear jurisdictional error. The Court needed to exercise supervisory jurisdiction in aforesaid circumstances. Moreover, it could be presumed as of now, salary of husband must have been increased to manifold. Therefore, the petitioner is required to be given opportunity to place latest pay slip of respondent husband on record which may permit learned Sessions Court to assess maintenance which could be said to be enough for wife to lead life in similar manner as she would have lived in house of her husband.
6. For the above reasons, the petition is allowed. Judgment and order dated 11.01.2016 passed by learned Additional District Judge, Kheda at Nadaid in Criminal Revision Application No.69 of 2015 is hereby quashed and set aside. Said Criminal Revision Application is restored to file of learned Principal District Judge, Kheda at Nadiad for fresh hearing in accordance with law. Learned PDJ, Kheda at Nadiad is directed to call salary slip of respondent husband from DDO / TDO office as he is serving in Taluka Panchayat Office, Tilakwada. Necessary summons shall be issued by learned Sessions Judge to TDO concerned to place on record salary slip of the respondent husband from October, 2014 till date and then decide the matter afresh after giving opportunity to both the sides. Learned Sessions Judge concerned to decide the matter within six months from the date of receipt of present order.
(J. C. DOSHI,J) SATISH Page 3 of 3 Uploaded by SATISH C. VEMULLA(HC00206) on Sat Sep 20 2025 Downloaded on : Mon Sep 22 22:55:31 IST 2025