Home > Judgement > HC: Duration of marriage insignificant while considering the application for maintenance under Section 125 CrPC

HC: Duration of marriage insignificant while considering the application for maintenance under Section 125 CrPC

Sikandar vs Shabanabanu on 12 July, 2011
Author: M.R. Shah,

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SCR.A/933/2011 2/ 2 ORDER

 

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

SPECIAL

CRIMINAL APPLICATION No. 933 of 2011

======================================

 

SIKANDAR

MOTIBHAI QURESHI – Applicant

Versus

 

SHABANABANU

D/O MOHHAMMAD RAFIK SHAIKH & 1 – Respondents

====================================== Appearance :

MR

FEROZ H PATHAN for the Applicant. None for Respondent No.1. MR

KP RAWAL, APP for Respondent No.2.

======================================

 

CORAM

:

 

HONOURABLE

MR.JUSTICE M.R. SHAH

 

Date

: 12/07/2011

 

ORAL

ORDER

 

 

 

1. By

way of this petition under Article 226 of the Constitution of India, the petitioner – husband has prayed to quash and set aside the impugned order dated 11/03/2011 passed by learned Principal Judge, Family Court No.1, Ahmedabad passed below Exh.19 in Criminal Misc.Application No.1346/2007, by which, learned Judge has directed the petitioner to pay a sum of Rs.2,000/- per month to respondent No.1 – wife towards maintenance.

 

 

 

2. Mr.Pathak,

learned advocate appearing on behalf of the petitioner has vehemently submitted that there is a marriage span of four months only and the petitioner is required to look after his old aged parents and, therefore, learned Family Court has materially erred in awarding Rs.2,000/- per month to respondent No.1- wife towards maintenance.

 

 

3. Having

heard learned advocate appearing on behalf of the petitioner and considering the impugned order in awarding Rs.2,000/- per month to respondent No.1 – wife towards maintenance and in the facts and circumstances of the case, it cannot be said that the learned Family Court has committed any error and/or illegality in awarding the amount, which is too excessive and which is required to be interfered with by this Court in exercise of power under Article 226 of the Constitution of India.

 

 

 

4. Now

so far as contention on behalf of the petitioner that the marriage span is four months only is concerned, the same is insignificant while considering the application for maintenance under Section 125 of the Code of Criminal Procedure. In these hard days and price rise, etc. and considering the fact that the petitioner is rickshaw driver of the Transport Vehicle in Industrial area, it cannot be said that the learned Family Court has committed any error in awarding Rs.2,000/- per month towards maintenance to the respondent No.1- wife. No case is made out to interfere with the order passed by the learned Family Court, Ahmedabad.

 

 

 

5. In

view of the above, there is no substance in the present petition, which deserves to be dismissed and is accordingly dismissed.

 

 

 

[M.R.SHAH,J]

 

 

 

*dipti

 

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Categories: Judgement
  1. dhaval
    August 2, 2011 at 12:04 pm

    Duration is not not important but the wrong intentions of wife and reason to leaving matrimony home is important.

  1. September 8, 2011 at 11:45 am

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