1. Heard the learned Advocate Mr. Premal S. Rachh for the applicant and learned APP Mr. K.L. Pandya for the respondent No.1 State and Learned Advocate Mr. Abhisst K. Thaker for the respondent No.2. Perused the records.

2. The applicant herein is husband whereas the respondent No.2 is his wife and respondent No.3 is their minor son. The applicant has challenged the judgment and order dated 25.11.2016 by Family Court, Rajkot in Criminal Misc. Application No.856/2014, whereby the learned Family Court has directed the applicant to pay the amount of Rs.3000/- towards the maintenance of respondent No.2 wife, while rejecting the prayer for maintenance of respondent No.3 on the ground that pending such litigation, which was dragged for more than two years, the custody of minor was shifted from mother to father i.e. applicant herein. Therefore, now the dispute remains only with reference to the maintenance of respondent No.2, who has claimed maintenance as, she was deserted by the applicant and the learned Family Court has awarded a meager amount of Rs.3000/- only to be paid from the date of filing of application i.e. 16.10.2014 and Rs.5000/- as cost of such litigation.

3. The sum a