Gujarat High Court
Habibabanu D/O Janmohammedfakirbhai ... vs State Of Gujarat & on 10 August, 2015
R/CR.RA/96/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION (AGAINST ORDER
PASSED BY SUBORDINATE COURT) No. 96 of 2015
==============================================================
HABIBABANU D/O JANMOHAMMEDFAKIRBHAI MANSURI W/O ANSI &
1....Applicants
Versus
STATE OF GUJARAT & 1....Respondent(s)
==============================================================
Appearance:
Mrs VD NANAVATI, ADVOCATE for the Applicant(s) No. 1 - 2
Ms HANSA PUNANI, APP for the Respondent(s) No. 1
Respondent no. 2 : Party-in-person
==============================================================
CORAM: HONOURABLE Ms. JUSTICE SONIA
GOKANI 10th August 2015
ORAL ORDER
This Criminal Revision Application preferred under Section 397 read with Section 401 of the Code of Criminal Procedure ["CrPC" for short] challenges Order dated 22nd December 2014 passed below Exh. 9 by the learned Principal Judge, Family Court No. 2, Ahmedabad in Criminal Misc. Application No. 1218 of 2012 denying interim maintenance to the applicant-wife and adjusting amount of maintenance of Rs. 2,000/= awarded to the minor daughter with the amount of maintenance granted under any other proceedings.
Page 1 of 6
HC-NIC Page 1 of 6 Created On Sat Sep 19 00:38:45 IST 2015
R/CR.RA/96/2015 ORDER
Admittedly, the main matter is yet pending before the Court concerned.
Learned advocate Mrs. V.D Nanavati appearing for the applicants has urged that the Family Court ought to have granted interim maintenance to the wife. On the ground of her being a Homeopathy doctor, she could not have been denied interim maintenance. According to her, the applicant is facing financial difficulties to maintain herself and her minor daughter, who is studying in Mount Carmel School. According to Mrs. Nanavati, since her alternative therapy profession is not working well, applicant has recently joined law degree-course and pursuing her studies at L.A Shah Law College, Ahmedabad. It is further urged that the respondent-husband is an Engineer with UGVCL and his monthly salary is beyond Rs. 40,552/= and in such event, grant of meagre sum of Rs. 2,000/= in favour of minor daughter itself is much below than the requirement to meet the expenses towards herself and education of her daughter.
Respondent no.2-Anishbhai Husainbhai Mansuri is present in person. He has chosen not to engage an Page 2 of 6 HC-NIC Page 2 of 6 Created On Sat Sep 19 00:38:45 IST 2015 R/CR.RA/96/2015 ORDER advocate and also denied to take legal aid.
Heard the respondent no. 2-Anishbhai H. Mansuri. He has urged that the applicant herein is his first maternal cousin. Their marriage survived for a very little period. They have separated in the year 2011. He has also urged that many efforts were made for amicable settlement of their disputes, details of which are given on page 85 and do not require reproduction. According to which, much endeavours were made by the community people, police personnels, family members, friend and close relatives, however, the applicant paid no heed to one and all, and therefore, he has given Talak to her and re-married. According to him, from the second wedlock, he has two children.
Having heard both the sides and having also taken into consideration the order of the Family Court so also the salary slip of the present applicant, which is for the month of August 2012, and the oral submissions of his having present pay of Rs. 48,000/=, without touching the aspect of interim maintenance for the applicant-wife, at this stage, it would be appropriate for this Court to direct Page 3 of 6 HC-NIC Page 3 of 6 Created On Sat Sep 19 00:38:45 IST 2015 R/CR.RA/96/2015 ORDER main application for maintenance to be proceeded with expeditiously.
As noticed, minor daughter is studying in Mt. Carmel School and the applicant-wife since is not sufficiently earning out of the medical profession is pursuing her study in a Law College at Ahmedabad. She has already been granted an amount of Rs. 3,000/= towards maintenance under the Domestic Violence Act and therefore, on the aspect of interim maintenance, this Court has not to interfere with. With regard to minor daughter, who is studying in Mt. Carmel School, apparently that must be more expensive and therefore sustenance with the said amount as granted by the Family Court is difficult. The respondent no.2-husband, therefore, shall pay an amount of Rs. 2,000/= every month towards interim maintenance to the applicant wife, over and above the sum awarded to her under the D.V Act. Further, as the respondent-husband has no financial responsibility towards his parents; as his father is an Auditor in the Government department, the arrears of Rs. 40,000/= shall be paid by him in four equal instalments of Rs. 10,000/= Page 4 of 6 HC-NIC Page 4 of 6 Created On Sat Sep 19 00:38:45 IST 2015 R/CR.RA/96/2015 ORDER each, over and above the regular amount that he needs to pay towards interim maintenance.
Resultantly, Criminal Revision Application partly succeeds. Order impugned dated 22nd December 2014 passed in Criminal Misc. Application No. 1218/2012 by the Family Court, Ahmedabad stands partly interfered with. An amount of Rs. 2,000/= granted to the applicant-wife by way of interim maintenance shall not be adjusted with the amount granted to her under the D.V Act. The sum of Rs. 1,33,000/=- which has already been deposited by the respondent no.2-husband shall be disbursed to the applicant-wife by an account payee cheque drawn in her name. As and when amount of arrears [Rs. 40,000/=] is cleared by the respondent-husband, disbursement of the said amount shall be also made through an account payee cheque drawn in favour of the applicant-wife.
Main Application shall be heard by the Family Court, Ahmedabad as expeditiously as possible, where both the sides shall extend full cooperation.
It is clarified that none of the observations made hereinabove shall affect rights of either side.
Page 5 of 6
HC-NIC Page 5 of 6 Created On Sat Sep 19 00:38:45 IST 2015
R/CR.RA/96/2015 ORDER
Rule made absolute to the extent above with no order as to costs.. Direct service is permitted.
{Ms. Sonia Gokani, J.} Prakash* Page 6 of 6 HC-NIC Page 6 of 6 Created On Sat Sep 19 00:38:45 IST 2015