Valand Sharmishtaben Anilbhai vs State Of Gujarat
2023 Latest Caselaw 6485 Guj

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     R/CR.RA/1569/2018                               ORDER DATED: 05/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
          R/CRIMINAL REVISION APPLICATION NO. 1569 of 2018
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               VALAND SHARMISHTABEN ANILBHAI & 1 other(s)
                               Versus
                     STATE OF GUJARAT & 2 other(s)
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Appearance:
TARUNA R MAKWANA(7255) for the Applicant(s) No. 1,2
DELETED for the Respondent(s) No. 3
MEHUL A SURATI(7870) for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 05/09/2023
                                ORAL ORDER

1. By way of present application, applicant has requested

to quash and set aside the judgment and order dated

20.07.2018 passed by learned Judge Family Court, Court

No.2, Ahmedabad in Criminal Misc. Application No. 832 of

2015, whereby the learned Judge has rejected the

maintenance of the applicant-wife and Rs.3,000/- is

awarded to the son and daughter from the date of

application i.e. 03.04.2015.

2. Heard learned advocates for the respective parties.

3. Brief facts of the present case are that The marriage of

the applicant was solemnized more than 20 years ago

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according to Hindu rites and rituals. After her marriage, she

resided in a joint family with her in-laws. Out of this

wedlock, she has a son named Sohan and a daughter

named Riddhi, both of whom currently reside with the

applicant. From the third year of the marriage, the husband

of the present applicant began to engage in frequent

quarrels and subjected her to physical and mental torture.

During that period, the present applicant moved to reside

near her parental house, and subsequently, her husband

also started living there with them. However, approximately

ten years ago, the respondent abandoned them without

taking any responsibility for his wife and children.

Therefore, the present applicant filed Criminal Application

No.832 of 2015 for maintenance.

4. Learned advocate for the applicant has submitted that

the order passed by the learned Family Court is improper,

unjust and without considering the facts and circumstances

of the case. That, learned Family Court has committed a

serious error by not considering the evidence produced on

record in its true spirit and impugned order is passed

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without assigning cognate and proper reasons. The lower

Court has failed to provide reasons for not giving the

maintenance. The learned advocate for the applicant

submits that the applicant-wife was subjected to mental

and physical harassment by her husband and in-laws.

Consequently, she was compelled to leave her matrimonial

house and file an Application for maintenance before the

learned Family Court, Ahmedabad. In the said application

also, the learned Family Court has been pleased to direct

the respondent No.2 to pay Rs.3000/- per month towards

the children from the date of the application. Hence, for the

limited purpose, the present impugned order has been

challenged by the applicant. Hence the learned advocate for

the applicant requested to allow the present application.

5. Learned advocate for the respondent No.2 has

vehemently opposed the present application and submitted

that the learned Family Court has not committed any error.

Therefore, she is not entitled to get any kind of relief, and

hence, the present application be dismissed. It is further

submitted that the applicant voluntarily left her

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matrimonial home and stayed separately since last ten

years. It is submitted that respondent No.2 is earning only

Rs.1,500/- per month by doing private job in ration shop.

6. Learned APP for the respondent-State has adopted the

same line as stated by the learned advocate for the

respondent No.1 and submitted that the dispute between

the parties is matrimonial dispute and thus, requested to

pass necessary order.

7. Having heard learned advocates for the respective

parties and considering the contents of the application and

conclusion of the learned Family Court arrived at in the

impugned judgment, it appears that out of wedlock of the

applicant and respondent have two children. It also appears

that in the cross-examination, the applicant has admitted

that she stayed separately since last 10 to 12 years and

further has has stated that there is no relationship between

them since last 15 to 16 years. It also appears that during

the time when the respondent-husband was working as a

driver, a colleague named Himmat Shah used to visit their

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home, and the applicant went to Chotila with him. Since

then, she started living separately. Furthermore, the

applicant failed to counter the evidence, and it is

established on record that she voluntarily deserted her

husband, choosing to live separately.

8. In view of the above and considering the decision of

Hon'ble Apex Court in the case of Deb Narayan Halder vs

Smt. Anushree Halder, reported in AIR 2003 SC 3174 and

in the case of Bhuwan Mohan Singh vs Meena & Ors,

reported in (2015) 6 SCC 353, the Court is of the view that ,

learned Family Court has not committed any error in

passing impugned judgment of granting maintenance to the

respondent no.2 and therefore, this court deems it not fit to

accept the prayer of the applicant and accordingly, present

application stands rejected. Rule discharged.

(HASMUKH D. SUTHAR,J) ALI