Gujarat High Court
Jaydeepsinh Prabhatsinh Zala vs State Of Gujarat & on 20 April, 2015
Author: N.V.Anjaria
Bench: N.V.Anjaria
R/CR.RA/118/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 118 of
2013
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JAYDEEPSINH PRABHATSINH ZALA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DINESH B PATEL, ADVOCATE for the Applicant(s) No. 1
MR HB CHAMPAVAT, ADVOCATE for the Applicant(s) No. 1
MR KP RAVAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 20/04/2015
ORAL ORDER
This Revision Application arises from judgment and order dated 07.11.2012 passed by learned Additional Sessions Judge, Court No.7, Ahmedabad, dismissing Criminal Appeal No. 259 of 2011 and in turn confirming order dated 09.05.2011 passed by learned Metropolitan Magistrate, Court No. 20, Ahmedabad, in Criminal Misc. Application No. 52 of 2009, being the order passed upon application by wife under the Protection of Women from Domestic Violence Act, 2005.
2. Learned Magistrate thereby granted relief to the applicant-wife directing the respondent-husband,
(i) to hand over back Stridhan to the complainant- wife, (ii) to pay Rs.1000/- per month for alternative residence facility and (iii) to pay Rs.2000/- every month towards maintenance. Learned Magistrate further granted visiting rights to the applicant-mother to Page 1 of 3 R/CR.RA/118/2013 ORDER meet son named Keyur on Sunday and Holidays subject to consent of the son Keyur.
3. It appears that application under Section 12 of the aforesaid Act was filed by the wife whose case was that the marriage with the respondent was solemnized on 22.05.1997 as per customary rites and that after marriage, she started to live at matrimonial house situated at Sanand. The son Keyur was born out of wedlock. It was further case that in-laws used to harass her and used to ask her for further dowry. It was alleged that sister-in-law and other in-laws instigated mother-in-law and husband. On 15.10.2006, husband and other in-laws, without informing the applicant, took her to the parental house and never came to take her back. The applicant-wife prayed for various relief which were under Sections 18, 19, 20 and 21 of the Act.
3.1 On the basis of aforesaid material on record, learned Magistrate assessed the income of the husband to be more than Rs.10000/- and awarded Rs.2000/- towards maintenance and Rs.1000/- towards rent. The Lower Appellate Court revisited the facts and material on record and confirmed the order of the learned Magistrate.
4. Heard learned advocate Mr. Dinesh B. Patel for the applicant.
5. On an attentive consideration of the impugned orders, it was seen, as recorded by learned Magistrate that the respondent-husband was serving in a Company Page 2 of 3 R/CR.RA/118/2013 ORDER at Ahmedabad as Manager and getting salary of more than Rs.10,000/-. It was further recored that he was engaged in trade of shares and earning from the said activity. PAN Card (Exh.60) of the respondent-husband was produced. It was noticed by the Court that the respondent-husband was having 22 vighas land-building at Sanand and had other immovable properties. The record of right was produced in the nature of Village Form No. 7/12 at Exh.18 and Exh.19.
5.1 Thus, the courts below have gone into the relevant details coming out from the material on record and arrived at a finding about income of the husband and awarded Rs.2000/- towards maintenance and Rs.1000/- towards rent for alternative residence.
6. No error or irregularity was noticed in assessing the income of the husband and showing the capacity of the husband to pay to the wife the amount towards rent and maintenance. The relief could be properly granted. No material irregularity was noticed so as to warrant exercise of revisional jurisdiction by this Court.
7. Revision Application is liable to be dismissed and the same is accordingly dismissed.
(N.V.ANJARIA, J.) chandrashekhar Page 3 of 3