Home > Judgement > HC: 4500/- PM maintenance on a montlhy salary of 12000/- PM which is nearly nearly 38%

HC: 4500/- PM maintenance on a montlhy salary of 12000/- PM which is nearly nearly 38%

Yunus vs State on 29 July, 2011
Author: M.R. Shah,

Gujarat High Court Case Information System BODY  

CR.RA/644/2010 2/ 2 ORDER

 

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

CRIMINAL

REVISION APPLICATION No. 644 of 2010

 

 

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

 

YUNUS

FAKIR MOHAMMED BELIM – Applicant(s)

Versus

 

STATE

OF GUJARAT & 2 – Respondent(s)

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

MR

HARSHAD K PATEL for Applicant(s) : 1, MR LB DABHI, APP for Respondent(s) : 1, None

for Respondent(s) : 2 – 3. =========================================

 

CORAM

:

 

HONOURABLE

MR.JUSTICE M.R. SHAH

 

Date

: 29/07/2011

 

ORAL

ORDER

 

 

 

1. The

present Criminal Revision Application has been preferred by the applicant-husband to quash and set aside the impugned judgment and order dated 08/07/2010 passed by the learned Principal Judge, Family Court, Rajkot in Criminal Miscellaneous Application No. 1654/2008.

 

 

2. The

maintenance application was submitted by respondents nos. 2 and 3 for maintenance under Section 125 of the Code of Criminal Procedure, being Criminal Miscellaneous Application No. 97/2004 and the learned trial Court granted the maintenance at the rate of Rs. 1,500/- per month to respondent no. 2-wife and Rs. 1,000/- to respondent no. 3-minor child. Thereafter, after a period of four years, respondents nos. 2 and 3 submitted an application before the learned Family Court for enhancement of the amount of maintenance under Section 127 of the Code of Criminal Procedure and the learned Family Court considering the income of the applicant at Rs. 12,190/- partly allowed the said application, being Criminal Miscellaneous Application No. 1654/2008 and enhanced the amount of maintenance from Rs. 1,500/- to Rs. 2,500/- per month to respondent no. 2-wife and from Rs. 1,000/- to Rs. 2,000/- per month so far as respondent no. 3-minor child is concerned. Being aggrieved and dissatisfied with the impugned order passed by the learned Principal Judge, Family Court, Rajkot in directing the applicant to pay a total sum of Rs. 4,500/- per month to respondents nos. 2 and 3 by way of maintenance the applicant-husband has preferred the present Criminal Revision Application.

 

 

 

3. Having

heard Shri Yogesh Jani, learned advocate appearing for Shri Harshad Patel, learned advocate appearing on behalf of the applicant and considering the impugned order and considering the income of the applicant at Rs. 12,190/- and considering the fact that the applicant is serving in government school in the pay-scale of Rs. 5000-180-8000 and considering the price rice and the value of rupees etc., it cannot be said that the learned Family Court has committed an error and/or illegality and/or has awarded exorbitant amount of compensation, which calls for the interference of this Court in exercise of revisional jurisdiction. No case is made out to interference with the impugned order in exercise of revisional jurisdiction.

 

 

 

4. In

view of the above, the present Criminal Revision Application deserves to be dismissed and is accordingly dismissed.

 

 

(M.R.

SHAH, J.)

 

 

 

siji

 

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  1. September 8, 2011 at 11:44 am

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