ORAL ORDER

1. The revision challenges the order dated 24.11.2021 passed by the learned Family Judge, Court No.2, Ahmedabad in Criminal Misc. Application No.1919 of 2018 whereby the step mother has been given monthly maintenance of Rs.7,000/-

under Section 125 of the Cr.P.C. commencing from 25.06.2018.

2. The brief facts leading to filing of the present revision are as under.

2.1 It is the case of revisionist that father of the revisionist got remarried to respondent No.2 and during their wed-lock, they were blessed with two baby girl and both are now major. The revisionist is the first wife of the father of the revisionist. It is the case of revisionist that when his father was alive, one agreement was executed between him and his father and as per Muslim Personal Law, the respondent No.2 is not entitled for any maintenance. But as per the wish of his father, the revisionist was paying Rs.4,500/- per month to her and after death of father of the revisionist, filed application for maintenance being Criminal Misc. Application No.1919 of 2018 before the learned Family Court, Ahmedabad and the learned Family Court vide order dated 24.11.2021 granted maintenance of Rs.7,000/- to be paid by the revisionist to his step mother being respondent No.2 herein from 25.06.2018. Hence, the present revision.

3. Heard learned advocate Mr.M.B.Rana appearing for the revisionist, learned advocate Mr.Maulik Soni appearing for respondent No.2 and learned APP appearing for the respondent State.

4. Learned advocate Mr.Rana would submit that one agreement was executed between late husband of the original petitioner, namely Mohammad Hanif Khajukhan Shaikh and the present revisionist, according to which the present revisionist is required to pay Rs.150/- per day towards maintenance to his step mother. Learned advocate would further submit that this issue has not been properly considered by the learned Family Court where the revisionist herein is ready and willing to pay the amount as per the agreement with his late father and accordingly, he would pay Rs.4,500/- per month to his step mother. He would further submit that this agreement was settling the dispute of the maintenance of the wife of the original petitioner, step mother of the present revisionist. It has been produced before the learned Family Court but not properly countenanced. He would further submit that apart from above aspects, the original petitioner got one house in Dudheshwar area which she has sold. Not only that she has also obtained the amount of LIC obtained for the policy of the late Mohammad Hanif Khajukhan Shaikh. He has further submitted that two suits were filed before the City Civil Court being Civil Suit No.1858 of 2018 and Civil Suit No.856 of 2018 unsuccessfully by the original petitioner and thereafter she approached the learned Family Court under Section 125 of the Cr.P.C. for getting the maintenance. Learned Family Court fell in serious error while granting monthly maintenance of Rs.7,000/-, ignoring all these evidence on record and also the evidence that the biological daughter of the original petitioner is also earning to the tune of Rs.15,000/- to Rs.20,000/- per month by serving in a school. Therefore, he submits to allow this revision and quash the impugned order. Learned advocate for the revisionist would further submit that the revisionist is not disputing his liability to pay the maintenance.

5. On the other hand, learned advocate appearing for the original petitioner would support the impugned order to say and submit that the agreement, if any, arrived at by her late husband and revisionist would not bind her and upon which her maintenance cannot be fixed. He would further submit that learned Family Court has considered various evidence on record to grant the monthly maintenance of Rs.7,000/- under Section 125 of Cr.P.C. He would further submit that after the death of her husband, the revisionist was paying Rs.10,000/- from 21.10.2015 upto 31.12.2017, but then the r