Gujarat High Court
Ramilaben Kishorbhai Brahmbhatt vs Kishorbhai Mhariprasad ... on 30 August, 2022
Bench: Samir J. Dave
R/CR.RA/109/2018 ORDER DATED: 30/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 109 of 2018
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RAMILABEN KISHORBHAI BRAHMBHATT
Versus
KISHORBHAI MHARIPRASAD BRAHMBHATT & 1 other(s)
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS.FALGUNI D.TRIVEDI(3912) for the Applicant(s) No. 1
MR BHARAT T RAO(697) for the Respondent(s) No. 1
MR R. C. KODEKAR, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 30/08/2022
ORAL ORDER
1. By way of present application, the applicant has prayed
to modify the judgment and order dated 30.11.2017
passed by the learned Family Court, Ahmedabad in
Criminal Misc. Application No.2037 of 2010 and further
prayed to enhance the amount of maintenance.
2. Heard learned advocates for the respective parties as
well as learned APP for the respondent - State.
3. Brief facts of the case are that, on 23.08.2009, marriage
between present applicant and respondent was
solemnized. Before marriage, they had decided that they
will reside in the area nearby Vadaj and as per the
R/CR.RA/109/2018 ORDER DATED: 30/08/2022
mutual understanding, the respondent husband was
making up down from his service place from
Ahmedabad to Vadodara. After some time, the behavior
of the husband was changed and was behaving very
rudely and also ill-treated the present applicant. The
respondent- husband started living with his first wife.
The respondent husband got divorced from the first wife
on 31.01.2007 and he had two children out of first wife.
Thus, at present the applicant is residing separately
without any support as the husband has stopped
coming at the residence of present applicant. Thus, the
respondent- husband has cheated the present
applicant. The applicant has filed Criminal Misc.
Application No.2037 of 2010 before the Family Court,
Ahmedabad, which was partly allowed by the learned
Family Court, Ahmedabad vide order dated
30.11.2017. Hence, this application.
4. Learned advocate Ms. Falguni Trivedi for the applicant
submitted that the learned Family Court, Ahmedabad
has erred in granting the monthly maintenance to the
R/CR.RA/109/2018 ORDER DATED: 30/08/2022
applicant, which is illegal and arbitrary and not in
accordance with law. It is further submitted that the
respondent-husband is responsible to maintain the
applicant. It is further submitted that the amount,
which has been granted by the learned Family Court to
the applicant, as monthly maintenance, is not sufficient
to fulfill the basic essential needs of the present
applicant. It is further submitted that the rates of the
every things are increasing day-by-day and there is a
question of survival of the applicant. It is further
submitted that the respondent- husband is earning
handsome income and he does not have any
responsibility of any other family members. It is further
submitted that it is difficult for applicant to maintain
herself without source of income and the applicant is
not able to fulfill the basic needs, which are essential for
her survival, and therefore, there is a question of
survival for the wife, but the said fact has been totally
ignored by the learned Family Court while giving
judgment. It is further submitted that applicant is a
R/CR.RA/109/2018 ORDER DATED: 30/08/2022
poor lady and she does not have capacity to afford the
advocate fees, and therefore, the applicant has no other
option, but to avail the benefit of legal aid. Hence, it is
requested by learned advocate for the applicant to allow
this application by quashing and setting aside the
judgment and order dated 30.11.2017 passed by the
learned Family Court, Ahmedabad in Criminal Misc.
Application No.2037 of 2010. It is further requested by
learned advocate for the applicant to enhance the
monthly maintenance granted by the learned Family
Court.
5. Learned advocate Mr. B. T. Rao for respondent-husband
has objected to this application and submitted that the
impugned judgment and order passed by the learned
Family Court is just and proper and this Court may not
interfere with the impugned judgment and order passed
by the learned Family Court as there is no illegality
committed by the learned Family Court. It is further
submitted that the learned Family Court has not erred
in granting the monthly maintenance to the applicant.
R/CR.RA/109/2018 ORDER DATED: 30/08/2022
Further, the respondent - husband is not earning
handsome income as per the say of applicant -wife.
Hence, it is requested by learned advocate for
respondent no.2 to dismiss this application.
6. Learned APP for the respondent - State has submitted
that this Court may pass necessary orders.
7. Having considered the submissions made by learned
advocates for the respective parties as well as learned
APP for the respondent - State and perused the material
on record, it appears that applicant preferred an
application under Section 125 of the Code of Criminal
Procedure, 1973 for maintenance, wherein applicant
was granted maintenance of Rs.3,000/- per month vide
impugned judgment and order dated 30.11.2017 passed
by the learned Family Court, Ahmedabad in Criminal
Misc. Application No.2037 of 2010. It also appears that
the respondent-husband is responsible to maintain the
wife, which has been granted by the learned Family
Court to the applicant, as monthly maintenance, is not
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sufficient to fulfill the basic essential needs of the
present applicant. It also appears that the rates of the
everything is increasing day-by-day and there is a
question of survival of the applicant. It also appears
that the respondent - husband is earning handsome
income and he does not have any responsibility of any
other family members and it is difficult for applicant to
maintain herself without source of income and the
applicant is not able to fulfill the basic needs, which are
essential for her survival, and therefore, there is a
question of survival for the wife. Therefore, the
judgment and order dated 30.11.2017 passed by the
learned Family Court, Ahmedabad in Criminal Misc.
Application No.2037 of 2010 deserves to be modified by
enhancing the maintenance to the applicant.
8. In view of the above, the impugned judgment and order
dated 30.07.2017 passed by the learned Family Court,
Ahmedabad in Criminal Misc. Application No.2037 of
2010 is ordered to be modified to the extent that the
respondent - husband is directed to pay an amount of
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Rs.6,000/- instead of Rs.3,000/- per month to
applicant by way of maintenance regularly from today.
9. The present application is partly allowed and the same
is disposed of. Rule is made absolute to the aforesaid
extent.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
