1. Heard learned advocate Ms. Namrata J. Shah with learned advocate Ms. Nimisha J. Parikh for the applicant and learned APP Mr. Manan Mehta for the respondent State whereas learned advocate Mr. R.G. Dwivedi with learned advocate Ms. P.H. Hotchandani for the respondents no.2 and 3. Perused the record.

2. Applicant is the husband of respondent no.2 whereas respondent no.3 is their minor daughter. Applicant has challenged the judgment and order dated 27.07.2017 by Family Court, Vadodara in Criminal Misc. Application No.22 of 2015 whereby the petitioner has been directed to pay an amount of Rs.5000/- towards maintenance of wife and Rs.2000/- towards maintenance of minor daughter i.e. total Rs.7000/- from the date of application i.e. 07.01.2015.

3. Applicant has mainly challenged such order on the ground that in fact wife has deserted the husband and abandoned her matrimonial home and started living with her parents, and that she does not want to live in a joint family submitting that it is clearly established from her evidence. It is further submitted that Trial Court has wrongly relied upon the statement of the wife that she was subjected to physical and mental torture and pla