Gujarat High Court
Niralben W/O Brijeshkumar Patel ... vs State Of Gujarat on 5 September, 2022
Bench: Samir J. Dave
R/CR.RA/1197/2018 ORDER DATED: 05/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1197 of 2018
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NIRALBEN W/O BRIJESHKUMAR PATEL D/O AMBALAL REVABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. RAHIL P JAIN(7305) for the Applicant(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 2
MR RC KODEKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 05/09/2022
ORAL ORDER
By way of present application, applicants have
requested to quash and set aside the judgment and order
dated 09.04.2018 passed by learned Family Court No.5,
Ahmedabad in Criminal Revision Application No. 424 of
2014 and enhance the maintenance amount granted by the
learned Family Court.
This court, vide order dated 06.07.2022, issued notice
of rule to the respondent no.2 and thereafter, matter was
adjourned time to time till date, though none was appeared
for and on behalf of the respondent no.2 to content the
application filed by the present applicants.
R/CR.RA/1197/2018 ORDER DATED: 05/09/2022
Having heard learned advocate for the applicants and
learned APP for the respondent no.1-State, it appears that
vide judgment and order dated 09.04.2018 passed by
learned Family Court No.5, Ahmedabad in Criminal
Revision Application No. 424 of 2014, respondent no.2
husband was directed to pay Rs. 7,000/- per month to the
applicant no.1 and Rs. 3,000/- per month to the applicant
no.2 towards maintenance amount from the date of filing
application for maintenance ie., 25.02.2014. As against the
said order, applicants have preferred present revision
application for enhancing such maintenance amount. As
per submissions of learned advocate for the applicants, the
respondent no.2 husband is living lavish life at Sydney and
earning huge amount and has not taken care to pay any
amount of maintenance to the wife and minor daughter.
Thus, while considering the aspect that the respondent no.2
is residing at abroad and living lavish life and not taking
care of his wife in India and it is the duty of the husband to
maintain his wife and daughter, and therefore, the wife and
daughter would be entitled to the same standard of living,
R/CR.RA/1197/2018 ORDER DATED: 05/09/2022
which she was enjoying while living with the applicant-
husband.
The judgment and order dated 09.04.2018 passed by
learned Family Court No.5, Ahmedabad in Criminal
Revision Application No. 424 of 2014 granting maintenance
of Rs. 7,000/- per month to the wife-applicant no.1 and Rs.
3,000/- per month to the minor daughter-applicant no.2 is
enhanced to Rs. 50,000/- per month to the wife-applicant
no.1 and Rs. 30,000/- per month to the minor daughter-
applicant no.2 from the date of filing application for
maintenance i.e. 25.02.2014. Present Criminal Revision
Application accordingly stands allowed. Rule is made
absolute.
Direct service is permitted.
(SAMIR J. DAVE,J)
K. S. DARJI
