JUDGMENT :

Rule. Learned APP waives service of notice of rule for the respondent State and learned advocate Mr. Gondaliya waives service of rule for the respondent Nos.2 and 3.

1. By way of this petition filed u/s 397 r/w section 401 of the Code of Criminal Procedure, 1973 (in short “the Code”), the Application No.1411 of 2017, whereby in exercise of jurisdiction u/s 125 of the Code, the learned Family Judge granted monthly maintenance of Rs.5000/- to the deserted wife and Rs.2500/- to the minor child commencing from 30.11.2017.

2. Heard learned advocate Mr. Vaghani for the petitioner, learned advocate Mr. Gondaliya for the private respondents and learned APP.

3. Learned advocate for the petitioner assailed the impugned order in two counts. Firstly, there was five years marriage span between both the parties. He would further submit that the wife has left the matrimonial home on her own, as there was some financial loss earned by the husband. Pressing into service section 125(4) of the Code, he would submit that since the wife without reason has left the matrimonial home, she is not entitled to any maintenance amount u/s 125 of the Code. He would further submit that the learned Family