Ajitbhai Mohanbhai Parghi vs State Of Gujarat on 2 March, 2020

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Gujarat High Court

Ajitbhai Mohanbhai Parghi vs State Of Gujarat on 2 March, 2020

Bench: B.N. Karia

          R/CR.RA/74/2020                                 ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
        R/CRIMINAL REVISION APPLICATION NO. 74 of 2020
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                  AJITBHAI MOHANBHAI PARGHI
                             Versus
                       STATE OF GUJARAT
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Appearance:
JATIN V YADAV(8946) for the Applicant(s) No. 1
MR SURAJSINH B MATIEDA(10499) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
                    Date : 02/03/2020
                      ORAL ORDER

The applicant has challenged the impugned judgment and order dated 27.11.2019 passed by learned Judge, Family court No.2, Ahmedabad in Criminal Misc. Application No.218 of 2018.

Heard learned advocate for the applicant. It is submitted by learned advocate for the applicant that learned Family Court has erroneously and illegally passed the impugned order granting maintenance to the respondent-wife. That, she has stated in her maintenance application that she has no source of income and on the contrary in the deposition, she has stated that she is doing job in Ashima Daikot Ltd. (Government Unit) since last 10 years and she is drawing the Page 1 of 3 Downloaded on : Tue Mar 03 22:09:11 IST 2020 R/CR.RA/74/2020 ORDER salary around. Rs.9,000/- per month. That grave suppression of facts was made by her. However, learned Family Court has granted maintenance at Rs.4,000/- per month. That applicant has also lodged a complaint with Amraiwadi Police Station for the offence punishable under Sections 406, 420 and 114 of I.P.C., wherein charge-sheet was filed, which consist of the marriage form which was filled in by the opponent No.2, wherein she has marked as unmarried, though, she was married and did not take divorce at that point of time. That there is clear fraud played by the respondent wife with the present applicant and therefore, applicant is not liable to pay any maintenance to the respondent-wife. That Family Court has not considered the evidence and appreciate the same in the proper way. That arrears amount of Rs.48,000/- is deposited by the present applicant before learned Family Court, Ahmedabad in Criminal Misc. Application No.218 of 2018 Issue requires consideration.

Rule returnable on 30.03.2020. Learned APP waives service of notice of rule for and on behalf of respondent-State. Page 2 of 3 Downloaded on : Tue Mar 03 22:09:11 IST 2020

R/CR.RA/74/2020 ORDER Respondent No.2-wife is hereby permitted to approach the learned Family Court, Ahmedabad for withdrawal of the amount deposited by the applicant.

If any prayer made by the respondent No.2-wife, the same shall be considered by the learned Family Court, Ahmedabad in accordance with law.

(B.N. KARIA, J) SUYASH Page 3 of 3 Downloaded on : Tue Mar 03 22:09:11 IST 2020

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