Dafda Jyotikaben Ravishkumar vs Dafda Ravishkumar Nareshbhai
2022 Latest Caselaw 8583 Guj

      R/CR.RA/361/2022                              JUDGMENT DATED: 28/09/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL REVISION APPLICATION NO. 361 of 2022

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE SAMIR J. DAVE                          Sd/-
================================================================

1      Whether Reporters of Local Papers may be allowed                  NO
       to see the judgment ?

2      To be referred to the Reporter or not ?                           NO

3      Whether their Lordships wish to see the fair copy                 NO
       of the judgment ?

4      Whether this case involves a substantial question                 NO
       of law as to the interpretation of the Constitution
       of India or any order made thereunder ?

==========================================================
                         DAFDA JYOTIKABEN RAVISHKUMAR
                                     Versus
                         DAFDA RAVISHKUMAR NARESHBHAI
==========================================================
Appearance:
MR.HARDIK B SHAH(3751) for the Applicant(s) No. 1,2
ADITYA R GUNDECHA(8869) for the Respondent(s) No. 1
RUTVEEK B SINGAL(9523) for the Respondent(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 2
==========================================================

     CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                                Date : 28/09/2022
                                ORAL JUDGMENT

1. Rule. Learned Advocate Mr. Rutveek Singal waives service of notice of Rule for respondent no.1 and learned APP Ms. Monali Bhatt, waives service of notice of Rule for Respondent No.2.

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

2. By way of present application, the applicants have prayed to modify the judgment and order dated 18.08.2021 passed by the learned Judge, Family Court No.3, Ahmedabad in Criminal Misc. Application No.972 of 2018 and further prayed to enhance the amount of maintenance.

3. Heard learned advocates for the respective parties as well as learned APP for the respondent - State.

4. Brief facts of the case are that, on 23.04.2009, love marriage between present applicant no.1 and respondent no.1 was solemnized under the Hindu rites and rituals at Petlad. Thereafter, parents of both the parties were informed and according to the consent of parents of both the sides again applicant no.1 and respondent no.1 remarried on 29.11.2009 in presence of elders with Hindu rites and rituals. Thereafter, applicant no.1 started living with respondent no.1 at Ahmedabad. During the period of pregnancy, doctor advised the applicant no.1 to take care of her body and her child and at that time the in-laws of applicant no.1 came to reside with them and they were made the applicant no.1 to do all the household work and were also not offering the food and were threatening her to drive her off from the house. At the time of delivery, applicant no.1 was sent to her parental house and all

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

the delivery charges were borne by her parents and applicant no.1 gave birth to girl 'Jenika'. On 16.11.2013, the respondent no.1 driven off applicant no.1 alongwith their daughter from her matrimonial house. At present, applicant no.1 is residing at her parental house and she is ready and willing to live with respondent no.1, however, respondent no.1 does not want to take her back. Though, the efforts for reconciliation on the part of applicant no.1 were made, however, there was no outcome. The writing for divorce was prepared on 14.11.2017, however, it was not finalized. Thereafter, on 01.02.2018, the applicant no.1 has issued registered A.D. notice to respondent no.1, but respondent no.1 avoided to give reply to that notice. The respondent no.1 is working as Urban Health Officer at Palitana and earning Rs.70,000/- per month and he is also earning income from rent. The applicants have filed Criminal Misc. Application No.972 of 2010 before the Family Court, Ahmedabad, which was partly allowed by the learned Family Court, Ahmedabad vide order dated 18.08.2021. Hence, this application.

5. Learned advocate Mr. Hardik Shah for the applicants submitted that the learned Family Court, Ahmedabad has erred in granting the monthly maintenance to the applicant, which is illegal and arbitrary and not in accordance with law. It is further submitted that the

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

respondent-husband is responsible to maintain the applicants. It is further submitted that the amount, which has been granted by the learned Family Court to the applicants, as monthly maintenance, is not sufficient to fulfill the basic essential needs of the present applicants. It is further submitted that the rates of the every things are increasing day-by-day and there is a question of survival of the applicants. It is further submitted that twice the stage of cross-examination of the applicant was opened, but respondent no.1 had not cross-examined the applicant, therefore, deposition of the applicant had attained finality since, it is not cross- examined by the opponent no.1. That, applicant has to incur medical expenses of the applicant's disable minor daughter as she is suffering from 'Borderline Delayed Development with ADHD with unclear speech', so daughter is taking medical treatment. For her treatment, she has to visit therapy centre regularly as advised by the doctor. That applicant has to incur all the expenses like monthly therapy charges, diagnosis, doctor's fees, medicines, transportation expenses to attend therapy session which resulted into monthly medical expenses of applicant's daughter of Rs.10,000/- and the applicants are residing in rented premises and their rent is Rs.8,000/- and total expenses alongwith electricity charges and maintenance is Rs.10,000/-. They have also produced rent agreement for the

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

premises mentioned in the cause title of the application. That respondent no.1 is living a lavish and luxurious lifestyle with high living standards. He regularly visiting foreign countries for tourism purpose. That, maintenance amount granted in favour of the applicants is not sufficient as per the income of the respondent no.1. Hence, it is requested by learned advocate for the applicants to allow this application by quashing and setting aside the judgment and order dated 18.08.2021 passed by the learned Family Court, Ahmedabad in Criminal Misc. Application No.972 of 2018. It is further requested by learned advocate for the applicant to enhance the monthly maintenance granted by the learned Family Court.

6. Learned advocate Mr. Aditya Gundecha appearing with learned Advocate Mr. Rutveek Singal for respondent- husband has objected to this application and submitted that the impugned judgment and order passed by the learned Family Court is just and proper and this Court may not interfere with the impugned judgment and order passed by the learned Family Court as there is no illegality committed by the learned Family Court. It is further submitted that the learned Family Court has not erred in granting the monthly maintenance to the applicant. Further, the respondent - husband is not earning handsome income as per the say of applicant-

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

wife. Hence, it is requested by learned advocate for respondent no.1 to dismiss this application.

7. Learned APP for the respondent-State has submitted that this Court may pass necessary orders.

8. Having considered the submissions made by learned advocates for the respective parties as well as learned APP for the respondent - State and perused the material on record, it appears that the applicants preferred an application under Section 125 of the Code of Criminal Procedure, 1973 for maintenance, wherein applicant No.1 was granted maintenance of Rs.5,000/- per month and applicant no.2 was granted maintenance of Rs.3,000/- per month vide impugned judgment and order dated 18.08.2021 passed by the learned Family Court, Ahmedabad in Criminal Misc. Application No.972 of 2018. It also appears that the respondent- husband is responsible to maintain the wife and his disabled daughter, which has been granted by the learned Family Court to the applicants, as monthly maintenance, is not sufficient to fulfill the basic essential needs of the present applicants. It also appears that the rates of the everything is increasing day-by-day and there is a question of survival of the applicants. It also appears that the respondent - husband is earning handsome income and he does not

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

have any responsibility of any other family members and it is difficult for applicant to maintain herself and her disabled daughter without source of income and the applicant-wife is not able to fulfill the basic needs, which are essential for their survival as well as medical expenses of her disabled daughter, and therefore, there is a question of survival for the wife and disabled daughter. That, applicant no.1 has to incur medical expenses of the applicant's disable minor daughter as she is suffering from 'Borderline Delayed Development with ADHD with unclear speech', so daughter is taking medical treatment. For her treatment, she has to visit therapy centre regularly as advised by the doctor. That applicant has to incur all the expenses like monthly therapy charges, diagnosis, doctor's fees, medicines, transportation expenses to attend therapy session which resulted into monthly medical expenses of applicant's daughter of Rs.10,000/- and the applicants are residing in rented premises and their rent is Rs.8,000/- and total expenses alongwith electricity charges and maintenance is Rs.10,000/-. They have also produced rent agreement for the premises mentioned in the cause title of the application. That respondent no.1 is living a lavish and luxurious lifestyle with high living standards. He regularly visiting foreign countries for tourism purpose. Therefore, the judgment and order dated 18.08.2021 passed by the learned

R/CR.RA/361/2022 JUDGMENT DATED: 28/09/2022

Family Court, Ahmedabad in Criminal Misc. Application No.972 of 2018 deserves to be modified by enhancing the maintenance to the applicant.

9. In view of the above, the impugned judgment and order dated 18.08.2021 passed by the learned Family Court, Ahmedabad in Criminal Misc. Application No.972 of 2018 is ordered to be modified to the extent that the respondent - husband is directed to pay an amount of Rs.25,000/- instead of Rs.5,000/- per month to applicant no.1- wife and an amount of Rs.15,000/- instead of Rs.3,000/- per month to applicant no.2- daughter by way of maintenance regularly from the date of order i.e. 18.08.2021.

10. The present application is partly allowed and the same is disposed of. Rule is made absolute to the aforesaid extent.

Sd/-

(SAMIR J. DAVE,J) MEHUL B. TUVAR