Hiteshbhai Harshadbhai Nagrecha vs State Of Gujarat
2023 Latest Caselaw 2980 Guj

     R/CR.RA/1035/2018                           ORDER DATED: 18/04/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1035 of 2018

                                   With

           R/CRIMINAL REVISION APPLICATION NO. 1484 of 2018
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                    HITESHBHAI HARSHADBHAI NAGRECHA
                                  Versus
                        STATE OF GUJARAT & 2 other(s)
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Appearance:
HARSHADKUMAR D PANCHAL(9015) for the Applicant(s) No. 1
MS MEGHA R CHITALIA(2467) for the Respondent(s) No. 2,3
MS MAITHILI MEHTA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 18/04/2023

                          COMMON ORAL ORDER

1. It is stated that the Family Court, Rajkot has

granted Rs.12,000/- as maintenance amount for applicant

no.1 and Rs.4,000/- for applicant no.2 of Criminal

Revision Application No.1484 of 2018; whereas, total

amount as Rs.16,000/- was granted. The minor, at the

relevant time, was only three years of age. Against that

order, the husband i.e. applicant had made a challenge in

Criminal Revision Application No.1035 of 2018.

2. The interim order was passed below Exh.12 in

R/CR.RA/1035/2018 ORDER DATED: 18/04/2023

Cr.M.A. No.797 of 2021 by this Court, which reads as

under:

"Having heard learned counsels for the respective parties and gone through the reasons assigned in the judgment, this Court is of the opinion to stay the execution of impugned order on a condition that the application shall continue to pay Rs.14,000/- per month instead of Rs.16,000/- and shall continue to pay regularly till final disposal of this revision application,"

3. It was brought to the notice of this Court that

by Criminal Misc. Application No.797 of 2021, the wife

and the minor had made a prayer under section 127 of

the Cr.P.C. for enhancing the maintenance amount and

because of the order, referred herein above, the Family

Court Judge on 17.11.2022, by passing the order below

Exhibit-12, dismissed the prayer, observing that revision

application is pending before this Court and the earlier

order passed by the Family Court under section 125 of

R/CR.RA/1035/2018 ORDER DATED: 18/04/2023

the Cr.P.C. has not got finality.

4. It is stated by Advocate Ms. Megha R.Chitalia,

that the husband was a Manager in H.D.F.C. Bank and

now he is promoted as Area Sales Manager. Ms. Chitalia

has referred to the judgment of (Miss) Shilpa Bansilal

Shah Vs. Bansilal K.Shah, reported in 1993(1) G.L.H.

753, to submit that the guidelines have been given by

this Court to join the employer as party to the

proceedings and the necessary guidelines are in Para-6 of

the judgment; and, accordingly Ms. Chitalia submits that

the employer as a head of the department be made as a

necessary party to the proceedings.

4.1 Advocate Ms. Chitalia submitted that the

proceedings under section 127 of the Cr.P.C. has been

initiated, and further submitted that the judgment of

Rajnesh Vs. Neha & Ors., reported in (2021) 2 SCC

324, is also required to be scrupulously followed by all

the courts, in any dispute regarding maintenance in

family matters.

R/CR.RA/1035/2018 ORDER DATED: 18/04/2023

5. The Criminal Revision Application No.1484 of

2018 was preferred by wife and son, praying for

enhancement of the maintenance amount and Criminal

Revision Application No.1035 of 2018 was preferred by

husband for reduction in the maintenance amount. The

order, which has been passed in Criminal Revision

Application No.1035 of 2018, of having ordered the

applicant - husband to pay Rs.14,000/- per month instead

of Rs.16,000/- till final disposal of the Revision

Application, is only an interim order, staying the

execution of the impugned order. It was a conditional

order, which was passed in the year 2018. The applicant -

minor would now be in need of money for education and

the mother would also require financial support for taking

care of child.

6. In view of this fact and when the wife has made

an application for enhancement of the maintenance

amount, it would be appropriate that both the parties

appear before the trial Court and adduce evidence.

R/CR.RA/1035/2018 ORDER DATED: 18/04/2023

Considering the growing age of the minor and the needs

of the applicants, this Court does not find any reason to

interfere with the impugned order dated 24.07.2018

passed in Criminal Misc. Application No.466 of 2015. The

husband is directed to pay the amount of Rs.16,000/-

monthly to the wife and son.

7. Further, by an order dated 17.11.2022 in

Criminal Misc. Application No.797 of 2021, the

proceedings under section 127 of the Cr.P.C. came to be

dismissed. The said order dated 17.11.2022 is quashed

and set aside and the matter is ordered to be restored in

the file of the Family Court, Rajkot, and both the parties

may adduce evidence. The trial Court Judge is ordered to

follow the direction given in the case of (Miss) Shilpa

Bansilal Shah Vs. Bansilal K.Shah and Rajnesh Vs. Neha

& Ors..

8. In view of the fact, that the order challenged

passed in Criminal Misc. Application No.466 of 2015

dated 24.07.2018, requires no interference, this Court

R/CR.RA/1035/2018 ORDER DATED: 18/04/2023

directs the husband to pay the arrears of maintenance

before the Family Court, Rajkot, and for that, the wife for

her own and on behalf of son shall produce the statement

of arrears of maintenance in the Execution Petition.

9. In view of the above, both the applications

stands disposed of.

Office to keep copy of this order in Criminal

Revision Application No.1484 of 2018.

(GITA GOPI,J) Pankaj