Harishbhai Ramjibhai Solanki vs State Of Gujarat
2022 Latest Caselaw 9921 Guj

     R/CR.RA/162/2022                                   ORDER DATED: 08/12/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 162 of 2022

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                        HARISHBHAI RAMJIBHAI SOLANKI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR. MANOJ T DANAK(6264) for the Applicant(s) No. 1
MR CHINTAN S POPAT(5004) for the Respondent(s) No. 2,3
MR UTKARSH SHARMA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                               Date : 08/12/2022

                                ORAL ORDER

1. This Revision Application is filed though challenging orders dated 17.1.2018 passed in Criminal Misc. Application No.520 of 2015 by learned Principal Judge, Family Court, Junagadh and dated 21.1.2006 passed in Criminal Misc. Application No.892 of 2003 by 6th Additional Senior Civil Judge and Judicial Magistarte First Class, Junagadh respectively. Essentially, Criminal Misc. Application No.520 of 2015 came to be filed in the Family Court under Section 127 of the Code of Criminal Procedure, 1973 (for short, 'the Code') praying for enhancement of maintenance, which was ordered in the year 2006 came to be allowed by the Family Court by refusing enhancement of maintenance to the respondent- wife and enhancing maintenance from Rs.500/- to Rs.4,000/- in the case of minor son.

R/CR.RA/162/2022 ORDER DATED: 08/12/2022

2. Mr.Manoj T. Danak, learned advocate for the petitioner submitted that since respondent-son has become major as on 21.3.2019, he is not entitled for even enhanced maintenance on and after that date and therefore, he requests for interfering with the impugned order passed on 17.1.2018.

3. However, Mr.Chintan Popat, learned advocate for the respondent-son submitted that on the very said ground that son has become major and therefore not entitled to any maintenance, apart from enhanced maintenance, on and from the date of his majority, the petitioner-husband had preferred substantive application being Criminal Misc. Application No.266 of 2019 under Section 127 of 'the Code', which came to be dismissed vide judgment and order dated 11.02.2021. Therefore, if at all there is any grievance against enhancement of the maintenance on the ground that son has become major, it can be agitated by way of separate Revision Application challenging the order passed in Criminal Misc. Application No.266 of 2019 filed by the husband for the very same purpose.

4. In view thereof, this petition challenging the enhanced maintenance has become infructuous. If petitioner wants, he may prefer Revision Application challenging the order passed in Criminal Misc. Application No.266 of 2019 dated 11.2.2021, in accordance with law, if advised.

R/CR.RA/162/2022 ORDER DATED: 08/12/2022

5. However, this Revision Application cannot be entertained further in view of the aforesaid development and therefore, it is hereby rejected.

6. However, any observation made in this order may not come in the way of petitioner-husband to independently challenge the aforesaid order by way of Revision Application, if not challenged and determined so far.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA