IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR DOMESTIC VIOLENCE) NO.

1385 of 2025 ==========================================================

MOHSINKHAN AYUBKHAN SINDHI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR HIMANSU M PADHYA(1611) for the Applicant(s) No. 1,2,3 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 19/08/2025

ORAL ORDER

1) Learned Advocate for the Applicants submitted that the present revision application has been preferred directing against the order passed by the Learned Magistrate, where in the application under Domestic Violence Act, final order has been passed by the concerned Magistrate, directing the present applicants to pay Rs.3,000/- per month of rent and Rs.2,800/- per month was awarded by way of maintenance from the present applicants.

2) Further, it is submitted that the same was challenged before the Sessions Court and the Sessions Court has the Magistrate, it was brought to the notice of the concerned Judge that the present Respondent No.2 - wife has also filed an application under Section 125 of the Cr.P.C for the maintenance and the same was allowed in Criminal Miscellaneous Application No.61 of 2022 and in that matter, the Court has awarded Rs.5000/- per month by way of maintenance and the said order came to be passed on 05.03.2024 and the copy of this order is already been produced before the Magistrate Court vide document at mark – 15/14. In the present case, no order for set-off has been given by the Magistrate and even this fact has not been considered by the learned Sessions Court. Considering this, the present revision application has been preferred.

3) Further, it is submitted that no evidence has been produced that the Respondent No. 2 - wife has taken any premises on rent. On the contrary, in the application under Section 125, she has specifically stated that the wife is evidence has been produced that the wife has taken any premises on rent. Considering this, he wants stay of the order passed by the learned Magistrate and learned Sessions Court.

4) After perusing the order passed by the learned Trial Court as well as the learned Sessions Court and also the order that has been annexed with the petition, wherein, learned Judicial Magistrate, First Class, Dhanera in Criminal Miscellaneous Application No.61 of 2022, has already passed an order and awarded Rs.5,000/- maintenance and the same order was already been produced, but that fact also has not been considered or the said amount has not been given by way of set-off. Hence, considering this, the present revision application requires consideration.

5) Issue notice to the respondent no.2 through concerned police station, returnable on 15.09.2025. Learned APP waives service for the respondent – State. Direct Service is permitted. 6) In the meantime, ad interim relief in terms of Para 7(C) is hereby granted. Further, it has been clarified that the present applicants have to pay the amount of maintenance regularly to the Respondent No. 2 as per the order passed in Criminal Misc. Application No.61 of 2022.

(L. S. PIRZADA, J)

JCP