HARDIKKUMAR CHAITANYABHAI GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Revision Application under Section 397 r/w Section 401 of the Code of Criminal Procedure has been preferred by the applicant original opponent to quash and set aside the impugned order passed by the learned 2 nd Additional Sessions Judge, Jamnagar dated 26.4.2012 passed in Criminal Appeal No.12 of 2012, by which, the learned Appellate Court has allowed the said appeal preferred by the respondent no.2 hereinoriginal applicant wife and has modified the order passed by the learned Magistrate dated 18.2.2012 passed below Exh.21 in Criminal Miscellaneous Application No.626 of 2012 and has directed the applicant to pay Rs.10,000/ per month to the original applicant wife towards interim maintenance, under Section 23 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to the as "the Domestic Violence Act").

(2.) THAT the respondent no.2 herein wife has submitted the application in the Court of learned Chief Judicial Magistrate, Jamnagar for getting various reliefs as provided under the provisions of the Domestic Violence Act, which has been numbered as Criminal Miscellaneous Application No.626 of 2011. That in the said application, the applicant has submitted application for interim maintenance under Section 23 of the Domestic Violence Act. It was the case on behalf of the original applicant that she has been deserted by her husband and is compelled to stay at her parental house. It was also her case that the original respondentapplicant herein husband is serving in HDFC Bank and his gross salary is Rs. 80,000/ and therefore, it was requested to award Rs. 40,000/ towards maintenance. Considering salary sleep of the husband showing gross income of husband at Rs.44,134/ and after considering the deduction of Rs.12,877/ and considering net income / salary of the husband at Rs.31,527/, the learned Magistrate by order dated 18.2.2012 has partly allowed the said application Exh.21 and directed the petitioner to pay Rs. 1200/ only to the original applicantwife towards interim maintenance. The learned Magistrate also restrained the applicant from transferring in any manner whatsoever the property mentioned in para 3 of the said order.

(3.) MS . Shah, learned Additional Public Prosecutor appearing on behalf of the respondent State has requested to pass appropriate order.