Jyotsanaben Pamaji Parmar D/O ... vs State Of Gujarat
2022 Latest Caselaw 7540 Guj

     R/CR.RA/197/2022                          ORDER DATED: 05/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 197 of 2022

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       JYOTSANABEN PAMAJI PARMAR D/O PAMAJI PARMAR W/O
               NARENDRABHAI LEBABHAI CHAUHAN
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR HETAL PATEL FOR MR CHETAN K PANDYA(1973) for the Applicant(s)
No. 1
MR R G DWIVEDI(6601) for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                          Date : 05/09/2022

                            ORAL ORDER

1. Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent No.1-State and learned advocate Mr. R.G. Dwivedi waives service of notice of rule for and on behalf of the respondent no.2.

2. By way of present application, applicant has requested to quash and set side the judgment and order dated 12.06.2019 passed by learned Judge, Family Court No.3, Ahmedabad in Criminal Misc. Application No. 1801 of 2016 and grant maintenance of Rs. 20,000/-.

3. Brief facts of the present case are as under: 3.1 That the marriage of the applicant and rsepondent no.2

R/CR.RA/197/2022 ORDER DATED: 05/09/2022

was solemnized on 2nd May 1996 and out of their wedlock, two sons namely Jairaj and Hansraj are born and thereafter, due to disputes were arisen between the applicant and the respondent no.2 and in this connection, applicant lodged a complaint being I CR No. 304 of 2013 before the Shaher Kotda Police Station, Ahmeadbad for the offence punishable under Section 498A etc of IPC and later on, the applicant filed an application under Section 125 of the Code of Criminal Procedure being Criminal Misc. Application No. 1801 of 2016 for maintenance but the learned Judge, Family Court No.3, Ahmedabad has rejected the application filed by the applicant for maintenance and as against that order, the applicant has approached this Court.

4. Heard learned advocates for the respective parties.

5. It was submitted by learned advocate for the applicant that the impugned judgment and order is contrary to law, evidence on record and unwarranted so far as granting the maintenance under section 125 of Code of Criminal Procedure 1973. That, the learned Family Court failed to appreciate that the evidence produced by the applicant on oath. That, the learned Family Court overlooked the circumstances and various FIRs filed by the applicant as a proof of mental harassment and order was passed in favor of the Respondent

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without investigating into the FIRs and other Documents. That learned Family Court has failed to appreciate the fact that the Respondent No. 2 has been earning sufficient to provide maintenance to the applicant. That, the learned Family Court has overlooked the fact that the Respondent No. 2 doesn't share any financial responsibilities in his house. That the mother of the Respondent has been receiving pension and the brother of the Respondent is a also self sufficient being in police services and earning good. That, learned Family Court failed to appreciate that the applicant was in favor of continuing the matrimonial duties as well as settled every time upon false promises from the respondent and his family. Learned Family Court has overlooked the material evidence and misread the same. That, the learned Family Court failed to appreciate the deposition of the applicant and also failed to appreciate that the respondent No.2 is earning sufficient enough to provide the applicant for her maintenance, after taking into consideration that she has been harassed and mentally tortured all these years. That, learned Family Court has failed to appreciate that the applicant is not even passed higher secondary and only considered the fact that she was earning as a contract-based security guard in previous years. Ultimately, it was requested by learned advocate for the applicant to allow

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present application.

6. On the other side, learned advocate for the respondent no.2 has strongly objected the submissions made by learned advocate for the applicant and submitted that the learned Family Court has rightly rejected the application of the applicant. That, the applicant has failed to render his duty as wife and having quarrel nature. That after lodging complaint against the respondent no.2, compromise was arrived at and the applicant was taken to her matrimonial home by the respondent no.2 though her nature was not changed. That, the respondent no.2 got service in the ST department as driver in the year 2011 and earning Rs. 10,000/- salary and the respondent no.2 is shouldering responsibility of his mother and two minor children, whereas the applicant is serving in D mart, Ahmedabad and getting salary of Rs. 8,000/-. Ultimately, it was requested by learned advocate for the respondent no.2 to dismiss present application.

7. Learned APP for the respondent no.1 State has submitted that the dispute between the parties is matrimonial and has requested to pass necessary order.

8. Having heard learned advocates for the respective parties and considering the observations made by learned Family Court in the impugned order, it appears that the learned

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Family Court has rejected the application filed by the applicant for maintenance.

9. Before concluding the matter, it is required to be noted that the purpose and object of Section 125 Cr.P.C. is to provide immediate relief to an applicant. An application under Section 125 Cr.P.C. is predicated on two conditions : (1) the husband has sufficient means; and (2) "neglects" to maintain his wife, who is unable to maintain herself. In such a case, the husband may be directed by the Magistrate to pay such monthly sum to the wife, as deemed fit. Maintenance is awarded on the basis of the financial capacity of the husband and other relevant factors. Under sub-section (2) of Section 125, the Court is conferred with the discretion to award payment of maintenance either from the date of the order, or from the date of the application. Under the third proviso to the amended Section 125, the application for grant of interim maintenance must be disposed of as far as possible within sixty days' from the date of service of notice on the respondent.

10. The object of all these provision of maintenance is to compel a man to perform the moral obligations, which he owes to the society in respect of his wife, children and parents. By provisions a simple and speedy but limited relief, These provision seek to ensure that the neglected wife and children

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are not left beggared and destitute. The inability of the wife, child and father or mother to maintain themselves could lead to Social problems and therefore, it became the concern of the state not to allow such inability to grow in to social problems of great magnitude unless the consequences of such inability were checked by providing appropriate measure, large scale vagrancy could be the probable off-shoot there from.

11. Learned Family Court has observed in its order that it appears that the applicant has left her job for getting maintenance from the respondent no.2 and while considering the aspect of responsibility of mother and two minor child upon the respondent no.2, learned Family Court has rejected the application of the applicant for maintenance. Of course, while granting or rejecting the application for maintenance the court should have to consider the responsibility of the concerned party, but it cannot be neglected that it is the duty of the husband to maintain his wife.

12. Thus, while considering the aforesaid discussion and legal arena, this court is of the view that the learned Family Court has committed error in rejecting the application filed by the applicant for maintenance and therefore, present application is partly allowed.

13. The judgment and order dated 12.06.2019 passed by

R/CR.RA/197/2022 ORDER DATED: 05/09/2022

learned Judge, Family Court No.3, Ahmedabad in Criminal Misc. Application No. 1801 of 2016 stands quashed and set aside.

14. Respondent no.2 is directed to pay Rs. 5,000/- per month towards maintenance to the applicant from the date of filing maintenance application ie. 20th July 2016.

Rule is made absolute to the aforesaid extent.

(SAMIR J. DAVE,J) K. S. DARJI