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GUJARAT HIGH COURT
S.H. Vora, J
PARESHBHAI DEVSIBHAI TILVA – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. assessment of maintenance should be based on the husband's income. (Para 1 , 2) |
| 2. evidence of income must be produced to determine maintenance. (Para 3) |
| 3. interim modification of maintenance amount granted. (Para 4 , 5) |
JUDGEMENT
Rule. Learned APP Ms. Jhaveri waives service of notice of rule for the respondent State.
1. Challenge in this Criminal Revision Application is the impugned judgment and order dated 29.1.2013 passed by the learned Principal Judge, Family Court, Junagadh in Criminal Misc. Application No.618 of 2011, whereby the learned Family Judge has awarded amount of maintenance of Rs.4000/ per month to the respondent wife.
2. On perusal of the impugned order, it transpires that the learned Principal Judge, Family Court, Junagadh awarded amount of Rs.4000/ per month towards monthly maintenance to the respondent No.2 – wife without recording any finding as to monthly income of the petitioner husband. Under the circumstances, reliance placed by the learned Judge, Family Court, Junagadh upon principle laid down in case of Sucheta Zutshi Nee Pandita Vs. Pankaj Pandita reported in I (2011) DMC 558 is misplaced and it cannot have
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