Gujarat High Court
Mahezabin Vajirmahmmad Dal vs Moinuddin @ Monu Salemahmmad ... on 13 September, 2022
Bench: Samir J. Dave
R/CR.RA/632/2021 ORDER DATED: 13/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 632 of 2021
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MAHEZABIN VAJIRMAHMMAD DAL
Versus
MOINUDDIN @ MONU SALEMAHMMAD SHEKH
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Appearance:
MR ANKUR Y OZA(2821) for the Applicant(s) No. 1
MR. R. C. KODEKAR, APP for the Respondent(s) No. 2
RULE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 13/09/2022
ORAL ORDER
1. By way of present application, applicant has requested
to quash and set aside the judgment and order dated
08.06.2021 passed by learned Family Court, Bhavnagar
in Criminal Misc. Application No. 312 of 2018 and
enhance the maintenance amount granted by the
learned Family Court.
2. This court, vide order dated 08.09.2021, issued notice
to the respondent no.2 and thereafter, matter was
adjourned time to time, thereafter, vide order dated
01.07.2022, this Court has issued Rule, however till
date, though none has appeared for and on behalf of the
respondent no.2 to contest the application filed by the
present applicant.
R/CR.RA/632/2021 ORDER DATED: 13/09/2022
3. Having heard learned advocate for the applicant and
learned APP for the respondent no.1-State, it appears
that vide judgment and order dated 08.06.2021 passed
by learned Family Court, Bhavnagar in Criminal Misc.
Application No.312 of 2018, respondent no.2 husband
was directed to pay Rs.2,000/- per month to the
applicant towards maintenance amount from the date of
filing application for maintenance ie., 25.05.2015. As
against the said order, applicant has preferred present
revision application for enhancing such maintenance
amount. As per submissions of learned advocate for the
applicant, the respondent no.2 husband is living lavish
life and he is owner of two gym at Lathi town and
earning Rs.50,000/- to Rs.60,000/- per month from two
gym and he is also owner of one shop of spare-parts.
The respondent no.1 is also earnign income from the
contract with PGVCL having agency of vodafone in
Lathi. However, the respondent no.1 has not taken
proper care to pay any amount of maintenance to the
wife. Thus, while considering the aspect that the
respondent no.1 is having handsome income and not
taking care of his wife and it is the duty of the husband
to maintain his wife, and therefore, the wife would be
entitled to the same standard of living, which she was
enjoying while living with the respondent-husband.
4. For the foregoing reasons, present Criminal Revision
R/CR.RA/632/2021 ORDER DATED: 13/09/2022
Application stands partly allowed The judgment and
order dated 08.06.2021 passed by learned Family
Court, Bhavnagar in Criminal Misc. Application No.312
of 2018 granting maintenance of Rs.2,000/- per month
to the applicant-wife stands modified to the extent that
the respondent-husband will pay Rs.10,000/- per
month towards maintenance from the date of filing
application for maintenance i.e. from 25.05.2018. The
Respondent-husband is directed to pay such enhanced
amount of maintenance to the applicant-wife regularly
per month and shall clear the amount of arrears of
maintenance within a period of six months from today.
If respondent-husband is failed to clear the arrears
amount within prescribed period, the Collector,
Bhavnagar shall recover such amount from the
properties of the respondent-husband.
5. Rule is made absolute. Direct service is permitted.
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
