Gujarat High Court
Kusumben D/O Lavjibhai ... vs State Of Gujarat on 9 September, 2022
Bench: Samir J. Dave
R/CR.RA/424/2022 ORDER DATED: 09/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 424 of 2022
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KUSUMBEN D/O LAVJIBHAI GANESHBHAI DABHI W/O DIPAKKUMAR
AMRTULAL NAGRIYA
Versus
STATE OF GUJARAT
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Appearance:
MS. MAYURI P CHAUHAN(7069) for the Applicant(s) No. 1
MS MH BHATT, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 09/09/2022
ORAL ORDER
1. By way of present application, applicant has requested to
quash and set aside the judgment and order dated 30.09.2021
passed by learned Principal Judge, Family Court, Palanpur in
Criminal Misc. Application No. 178 of 2020 and grant
maintenance amount for 2 months as interim relief meanwhile
in connection with impugned order.
2. Brief facts of the present case are as under:
2.1 That, the marriage between the applicant and the
respondent no.2 was solemnized on 25.05.2006 as per Hindu
rites and rituals and out of their wedlock, one son is born.
Thereafter, matrimonial disputes are arisen between both of
them and therefore, the applicant was compelled to live at her
R/CR.RA/424/2022 ORDER DATED: 09/09/2022
parental home and thus, applicant has filed Criminal Misc.
Application No. 52 of 29016 for maintenance under Section
125 of the Code of Criminal Procedure (In short "the Code"),
which was allowed vide order dated 21.12.2018 granting
maintenance of Rs. 8,000/- per month to the applicant and
thereafter, applicant filed application under Section 125(3) of
the Code seeing arrears of maintenance for 14 months from
12.08.2019 to 12.10.2020 but vide order dated 30.09.2021,
learned family court concerned has allowed such application
being Criminal Misc. Application No. 178 of 2020 for 12
months observing that the proceedings under Section 125(3)
do not fall under the guidelines issued in the judgment passed
in Suo Motu Writ Petition (C) No. 3 of 2020 by the Hon'ble
Apex Court regarding the exception of Limitation and
applicant only asks for the recovery for 12 months only so the
applicant was rejected and thus, applicant has challenged
such order before this court by way of this revision application.
3. Though the service, none was present for and on behalf
of the respondent no.2 and today, though called out, none was
present for and on behalf of the respondent no.2 to assist this
court in the present matter and thus, no arguments on the side
of the respondent no.2.
4. Having heard learned advocates for the respective parties
R/CR.RA/424/2022 ORDER DATED: 09/09/2022
and considering the observations made by learned Family
Court in the impugned judgment and order as well as
considering the averments made by the applicant in this
application, it appears that learned family court has observed
that respondent no.2 has paid amount of maintenance for last
12 months and applicant has sought recovery for 14 months
but for remaining two months, her request was rejected. It is
legal ratio of the law that wife is entitled to get maintenance
amount from her husband and in this regard, various
judgments are delivered by various High Courts and Hon'ble
Apex Court holding various guidelines for granting
maintenance. Thus, while considering the facts of the present
case and considering the rights of the present applicant, this
court deems it fit to give an opportunity to the applicant for
defending her case before the learned Family Court, as the
such application was filed for recovery of maintenance.
5. Thus, considering the legal ratio and law laid down by
the various Hon'ble High Courts and Hon'ble Supreme Court,
that it is the right of the wife to live her life in a similar status
of the husband and husband is also legally bound to maintain
her wife and in this case, the wife has sought for recovery of
maintenance amount for her survival and the application
thereof has been rejected by the learned Family Court.
R/CR.RA/424/2022 ORDER DATED: 09/09/2022
6. Thus, as per the aforesaid observations, the judgment and
order dated 30.09.2021 passed by learned Principal Judge,
Family Court, Palanpur in Criminal Misc. Application No. 178
of 2020 is hereby quashed and set aside in view of the
judgment delivered by Hon'ble Apex Court in Suo Motu Writ
Petition (C) No. 3 of 2020 and accordingly, present application
stands disposed of.
7. Learned Family Court, Palanpur is directed to hear an
application filed by the applicant ie., Criminal Misc.
Application No. 178 of 2020 afresh in accordance with law
and decide the same within a period of 4 weeks from today.
Rule is made absolute to the aforesaid extent.
(SAMIR J. DAVE,J)
K. S. DARJI
