Nasim D/O Suleman Shaikh And W/O Mohsin ... vs State Of Gujarat
2025 Latest Caselaw 2409 Guj

Gujarat High Court

Nasim D/O Suleman Shaikh And W/O Mohsin ... vs State Of Gujarat on 8 August, 2025

                                                                                                            NEUTRAL CITATION




                             R/CR.RA/1485/2019                                ORDER DATED: 08/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 1485
                                                   of 2019

                       ==========================================================
                             NASIM D/O SULEMAN SHAIKH AND W/O MOHSIN SHAIKH & ANR.
                                                     Versus
                                            STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       UMARFARUK M KHARADI(8155) for the Applicant(s) No. 1,2
                       MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2
                       ==========================================================
                            CORAM:HONOURABLE MR.JUSTICE D.N.RAY

                                                          Date : 08/08/2025

                                                           ORAL ORDER

1. Though served, none appears for the respondent No.2.

2. The present applicant has challenged the impugned judgment

and order dated 24.07.2019 passed by the learned Principal Judge,

Family Court, Godhra in Criminal Misc.Application No. 03 of 2018.

3. It has been recorded by the learned Principal Judge, Family

Court at Godhra in the impugned order dated 24.07.2019 that the

mimimum income which can be attributed to the Respondent No.2 is

in the range of Rs.15,000 to 20,000/-. The said findings were

recorded in the year 2019 at the relevant point of time, the revision

-applicant's child was aged about 2 years old and therefore, the

revision-applicant has to presently look after herself as well as a

NEUTRAL CITATION

R/CR.RA/1485/2019 ORDER DATED: 08/08/2025

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child aged approximately 8 to 9 years which would involve school

fees etc.

4. In such view of the matter, this Court deems it fit to provide

for maintenance at the rate of Rs.10,000/- per month with effect

from the date of filing of this application taking the income of the

Respondent No.2 to be Rs.20,000/- per month. In any case, this

Court is unable to approve the reasoning given in paragraph No.11

of the impugned order, by which a total maintenance of Rs.5,000/-

has been fixed, as the same is clearly erroneous and against the

settled principles as laid down by the Hon'ble Apex Court, in the

case of Rajnesh Vs. Neha reported in (2021) 2 SCC 324.

Therefore, the impugned judgment and order dated 24.07.2019

passed by the Learned Principal Judge, Family Court, Godhra in

Criminal Misc. Application No. 03 of 2018 is hereby modified.

Rule is made absolute to the aforesaid extent.

(D.N.RAY,J) BINA SHAH