AJITBHAI MOHANBHAI PARGHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order of maintenance dated 27.11.2019 passed by learned Judge, Family Court No.2, Ahmedabad, in Criminal Misc. Application No.218 of 2018, whereby the petitioner is ordered to pay maintenance of Rs.4,000/ ? per month to his wife, the petitioner has filed this revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) For the brevity and convenience the parties are referred to as "husband" and "wife" respectively.

(3.) It is contended by the husband that his wife has filed an application before the Family Court, Ahmedabad, on the ground that she was deserted by the husband and the husband has not paid any maintenance to her. It is the contention of the husband that marriage between the parties was solemnized on the false statement of the wife that she is unmarried and, according to him, while form is filled up for registration of marriage, she has shown herself as unmarried, but in reality she had married with another person earlier and she got divorce from that fellow. It is contended that this fact has been concealed by her and, therefore, he has also filed criminal complaint against the wife for cheating and the same is pending. It is further contended by the husband that the wife is serving in a company and is getting Rs.9,000/ ? as income from that job and, therefore, she is not entitled to get any maintenance from him. It is also contended that he was earlier working as RTO agent and since the system of on ?line is introduced, he has no such income as has been alleged by the wife. It is also contended by husband that, in chief ?examination, wife has made false statement regarding dishonour of the cheque given by him, however, she has admitted in cross ?examination that cheque which she received from the husband has been encashed.