JUDGMENT (ORAL)

By way of present petition, the petitioner – husband has challenged the order dated 17.12.2014 passed by the learned Principal Judge, Family Court, Bhavnagar in Criminal Misc. Application No.198/2013, whereby the petitioner was directed to pay Rs.10,000/- per month along with cost of application of Rs.1,000 to the respondent –wife.

2. Heard learned advocate, Mr. Pruthivraj Solanki for learned advocate, Mr. A.S. Asthavadi for the petitioner, learned advocate, Mr. Kuldeep Vaidya for the respondent no.1 and learned APP Ms. Jyoti Bhatt for the respondent no.2 – State of Gujarat.

3. Learned advocate for the petitioner submitted that the petitioner – husband got married with the respondent – wife on 09.12.2001 and after the marriage, both started residing together along with the family of the petitioner – husband but somehow in the year 2009, the respondent – wife left her matrimonial house without any reason and, thereafter, she filed an application for maintenance before the learned Family Judge, Bhavnagar being Criminal Misc. Application No.198/2013 inter alia praying for maintenance of Rs.20,000/-, however, learned Judge, without properly considering the income of the