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2017 Supreme(Guj) 633

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Jyotsnaben Jayeshbhai Vaghela – Appellant
Versus
State of Gujarat and Others – Respondents
Special Criminal Application No. 5361 of 2015 and Criminal Revision Application No. 664 of 2015
Decided On : 23-03-2017

Advocates Appeared:
For the Appellants : Tushar N. Vyas and Nidhi T. Vyas.

Headnote:

Constitution of India, 1950 – Article 227 – Petitoner prayed to issue writ of certiorari or writ in nature of certiorari or any other appropriate writ, order or direction quashing and setting aside amount of maintenance awarded in Cri. Misc. Appeal by Ld. Chief Judicial Magistrate (F.C.) Vadodara vide order and also the order passed by Ld. District & Sessions Judge, Vadodara in Cri. Appeal –Held, It will equally be duty of the Court to see that the maintenance proceedings before it are given top most priority to decide and dispose of the same as expeditiously as possible, avoiding unjust and indiscreet adjournments even by awarding ad interim relief, cost or exemplary cost, as the facts and circumstances of the given case warrants, taking special care that harassment and agonize of the claimants are as far as possible minimised, if cannot be totally eliminated – Court is of view that the amount should be enhanced to Rs. 13,000/- per month – Special Criminal Application is, accordingly, partly allowed – Application Disposed off (Paras 8, 15,16)

JUDGMENT :

J.B. Pardiwala, J.

1. Since the issues raised in both the captioned applications are interrelated and the parties are also the same, those were heard analogously and are being disposed of by this common judgment and order.

2. The cases at hand arise from a matrimonial dispute. The Special Criminal Application No. 5361 of 2015 has been filed by the wife, praying for the following reliefs:

"9(a) That Your Lordship may pleased to allow the present application.

(b) That Your Lordship may pleased to issue writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction quashing and setting aside the amount of maintenance awarded in Cri. Misc. Appeal No. 49020/12 by Ld. Chief Judicial Magistrate (F.C.) Vadodara vide order dated 12 January 2015 and also the order dated 25.7.2015 passed by Ld. District & Sessions Judge, Vadodara in Cri. Appeal No. 9/15.

(c) That Your Lordship may kindly enhance the amount of compensation to Rs. 15,000/- p.m. for the maintenance of petitioner herself and her child and Rs. 12,000/- p.m. for the rental house from the date of the application till realisation of the amount. Apart from that Rs. 30,000/- for the mental and physical torture suffered by the petitioner due to the respondents.

(d) Pending admission and final disposal of this petition, Your Lordships will be pleased to allow interim maintenance of Rs. 10,000/- p.m.

(e) Pending admission and final disposal of this petitioner, Your Lordship may further allow the petitioner to withdraw the amount as and when deposited in the Trial Court.

(f) Your Lordship may further direct the Superintendent of BSNL, Vadodara to deduct the award amount every month from the salary of respondent so as to remit the payment to the petitioner.

(g) Your Lordship be pleased to award the cost of this petition.

(h) Such any other further relief that is just, fit and expedient in the fact and circumstances of the case may be granted."

3. On the other hand, the Criminal Revision Application No. 664 of 2015 has been filed by the husband, praying for the following reliefs:

"7(A) That this Hon'ble Court may be pleased to admit this Criminal Revision Application.

(B) This Hon'ble Court may be pleased to allow this Criminal Revision Application by quashing and setting aside the judgment and order passed by learned Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No. 49020 of 2012 (old No. 89 of 2010) dated 12.1.2015 as well as judgment and order passed in Criminal Appeal No. 19 of 2015 by learned Addl. Sessions Judge, Vadodara dated 25.7.2015 in the interest of justice.

(C) Pending admission, hearing and till final disposal of this petition, this Hon'ble Court may be pleased to grant stay the judgment and order passed by learned Chief Judicial Magistrate, Vadodara in Criminal Misc. Application No. 49020 of 2012 (Old No. 89 of 2010) dated 12.1.2015 as well as judgment and order passed in Criminal Appeal No. 19 of 2015 by learned Addl. Sessions Judge, Vadodara dated 25.7.2015 and call for the records and proceedings in the interest of justice.

(D) Grant such other and further reliefs as deemed fit and proper by this Hon'ble Court in the interest of justice."

4. It appears from the materials on record that the marriage between the parties was solemnised on 1st June 2006. In the wedlock, a son was born on 26th March 2009 named "Daksh". The husband is serving with the B.S.N.L. The matrimonial dispute cropped up between the husband and wife, which led to the wife filing an application No. 49020 of 2012 (old No. 89 of 2012) in the Court of the learned Chief Judicial Magistrate, Vadodara under the Protection of Women against the Domestic Violence Act, 2005. The learned Chief Judicial Magistrate, vide order dated 12th January 2015, held that the wife is entitled to Rs. 3,000/- per month towards house rent and Rs. 5,000/- per month towards the maintenance including that of the child. It appears that the wife being dissatisfied with the quan



































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