SAURIN ROHITBHAI OZA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Criminal Revision Application u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973, the applicant husband challenges judgment and order dated 7.2.2020 below Exh.159 passed by Ld. Principal Judge, Family Court at Bharuch in Criminal Misc. Application No.343 of 2016, whereby the learned Judge granted monthly maintenance of Rs.20,000/- towards respondent No.2 wife and Rs.7500/- per month towards respondent No.3 minor Reyansh, in total Rs.27,500/- per month from the date of application along with cost of Rs.5000/- to be paid to the respondent wife.

(2.) Heard learned advocate Mr. KM Pandit for the applicant, perused the impugned order and considered the submissions made at bar.

(3.) The maintenance is ordered in favour of deserted/neglected wife. So that the wife can live with the manner as she likes to which she was accustomed/living before she was deserted/neglected. So the Court is required to see that the husband makes provision for food and clothing of the wife and further to consider basic need of roof over the head. In other words, living need not to be luxurious, but simultaneously, she should not be left to live in discomfort. The husband has tendency either to withhold material evidence of his income or to disclose part material evidence as to his income. Even, IT returns did not reflect true position of the income of the husband for several reasons and therefore, material evidence as to income placed on record cannot be taken as sole guide for determining real and true income of the husband. It is needless to say that when wife comes before the Court with a plea that she is entitled to get maintenance from her husband, before arriving at a finding whether she is entitled for maintenance or not, the Court must put efforts to find out truth of the matter. Section 125 of the Code of Criminal Procedure, 1973 is a measure of social justice and specially enacted to protect woman, who is deserted/neglected by the husband, who is bound to maintain her.