Virendrasinh Surendrasinh ... vs State Of Gujarat
2022 Latest Caselaw 7876 Guj

     R/CR.RA/974/2022                             ORDER DATED: 13/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 974 of 2022

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                 VIRENDRASINH SURENDRASINH CHAUHAN
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR KEVAL R DHOLAKIYA(12277) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
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 : 13/09/2022

                                 ORAL ORDER

1. By way of this revision application, the applicant, who is

the husband of respondent No.2, has challenged the judgment

and order dated 04.06.2022 passed by the learned Principal

Judge, Family Court, Gandhinagar in Criminal Misc.

Application No.75 of 2021 whereby, the application filed by

respondent No.2 u/s.125 of Cr.P.C. was partly allowed and the

applicant herein has been directed to pay monthly maintenance

of Rs.3,500/- to respondent No.2.

2. The facts in brief are that the marriage between the

R/CR.RA/974/2022 ORDER DATED: 13/09/2022

applicant and respondent No.2 took place on 16.05.2017. Some

where in July 2019 a dispute between the applicant and

respondent No.2 on the issue that the applicant was into an

alleged extra-marital affair. Pursuant thereto, the applicant and

respondent No.2 began to reside separately. The respondent

No.2 filed the application u/s.125 of Cr.P.C. seeking monthly

maintenance of Rs.30,000/-; however, the Court below partly

allowed the application by awarding monthly maintenance of

Rs.3,500/-. Being aggrieved by the same, the applicant has

preferred the present revision application.

3. Heard learned advocate for the applicant and perused the

material on record. Having gone through the record, it appears

that the applicant herein had instituted Family Suit No.415 of

2021 for divorce before the Family Court at Ahmedabad, which

is reportedly pending. On the other hand, on 15.03.2021, the

respondent No.2 had filed a criminal complaint against the

applicant and his family members under different sections of

IPC as also the Dowry Prohibition Act. It appears that the

R/CR.RA/974/2022 ORDER DATED: 13/09/2022

allegation of adultery against the applicant herein had

remained unproved. The applicant is said to be serving as a

Driver with the Ahmedabad Municipal Transport Service

(A.M.T.S.) and was earning around Rs.8900/- per month

towards salary. Considering the overall facts and circumstances

of the case, this Court is of the opinion that the monthly

maintenance of Rs.3,500/- awarded to respondent No.2 herein

is just, reasonable and appropriate. Hence, this Court finds no

reasons to entertain this application.

4. For the foregoing reasons, the application is dismissed.

(SAMIR J. DAVE, J)

PRAVIN KARUNAN