SARFARAJ SULEMAN GORAJI Vs. ROSHAN

JUDGEMENT

(1.) This Revision Application is filed by the applicant-husband challenging the order passed by the Principal Judge, Family Court, Bharuch, dtd. 10/4/2018, whereby respondent-wife was awarded Rs.6,000.00 per month and Respondent No.2-minor daughter was awarded Rs.3,000.00 per month, as maintenance, under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, 'the Code').

(2.) Heard Mr.M.R.Bukhari, learned advocate for the petitioner. According to his submission, petitioner-husband is only a partner in M/s.Kadri Traders and its income-tax returns have been produced, which reflects that he earns Rs.1.00 Lac per year as a share in the profit and therefore, amount of maintenance awarded in favour of the wife is equivalent to earnings of the husband and therefore, it is required to be interfered in this Revision Application. He has further submitted that for determining the amount of maintenance in favour of the respondent-wife and daughter, the Court has considered the gross profit of the partnership firm and thereby committed grave mistake. He has further submitted that as recorded in the income-tax returns of the firm, his earning is only Rs.60,000.00 as withdrawals and approximately Rs.40,000.00 towards the interest earned on the capital invested with the partnership firm and therefore, his earnings can be said to be Rs.1.00 Lac only per year. Therefore, he has submitted that this Revision Application is required to be admitted and allowed.

(3.) However, when he was confronted with the facts narrated in the impugned judgment and order, more particularly at page No.64, he has attempted to state that earning from partnership firm M/s. Kadri Traders and from the business of steel is one and the same as the said business is undertaken by M/s.Kadri Traders. However, as observed by the learned Judge, according to his own deposition and reply to the maintenance application, as claimed by him towards his share, he earns Rs.50,000.00 from the partnership firm and from the business of steel, he earns Rs.1.00 Lac per annum. If at all, business of steel is undertaken by M/s. Kadri Traders itself, there is no reason for him to separately state the same. It is further reflected from the order that petitioner-husband has claimed that whole family is dependent on him but evidence on record shows contrary.