Girishkumar Karshanbhai Vaniya vs Kalpnaben W/O Girishkumar Vaniya
2021 Latest Caselaw 17278 Guj

      R/CR.RA/798/2021                            ORDER DATED: 16/11/2021



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL REVISION APPLICATION NO. 798 of 2021
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                 GIRISHKUMAR KARSHANBHAI VANIYA
                                 Versus
                KALPNABEN W/O GIRISHKUMAR VANIYA
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Appearance:
CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1
for the Respondent(s) No. 1,2
MS C.M. SHAH APP for the Respondent(s) No. 3
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      CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                           Date : 16/11/2021

                             ORAL ORDER

1. Heard Mr. Chirag A. Prajapati, learned advocate for the petitioner.

According to his submission, the amount of maintenance enhanced in the

case of child has to be contributed by the mother, who is also working and

earning handsome amount. For the maintenance of child, when the mother

is also earning, only the husband cannot be held responsible awarding

maintenance.

2. It is further submitted that the learned Judge has missed that point

and enhanced the amount without undertaking the exercise to find out

what earning mother has to contribute towards child as a maintenance.

Therefore, it is submitted that even if the amount of maintenance at the

rate of Rs.10,000/- per month is to be considered proper for the child,

mother also has to contribute in proportion to her earning, which is not

determined by the learned Judge.

R/CR.RA/798/2021 ORDER DATED: 16/11/2021

3. Hence, Notice returnable on 14.12.2021. Learned APP waives

service of notice for the respondent State.

4. The impugned judgment and order dated 24.03.2021 passed by

Principal Judge, Family Court, Gandhinagar, in Criminal Misc. Application

No. 154 of 2020 is hereby stayed on condition that the petitioner husband

continues to pay to the child an amount of monthly maintenance, for the

time being, at the rate of Rs.10,000/- per month instead of Rs.16,000/- as

awarded by the Court till final disposal of this revision application.

(UMESH A. TRIVEDI, J) Raj S. Dhobi