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NEUTRAL CITATION

R/CR.RA/1402/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION NO. 1402 of 2019

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RAKESH AMARSINH DAMIR

Versus

BHARTIBEN RAKESHBHAI DAMIR

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Appearance:

MR AMRISH K PANDYA(3219) for the Applicant(s) No. 1

for the Respondent(s) No. 1

MS MH BHATT, APP for the Respondent(s) No. 2

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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

Date : 21/10/2019

ORAL ORDER

When the matter was placed for admission, respondent

no.1 herself is present before the court and she identifies

herself as Bhartiben Rakeshbhai Damir.

Rule returnable on 2^nd December 2019. Learned APP

waives service of notice of rule for and on behalf of the

respondent No.2-State. Respondent No.1-Bhartiben Rakeshbhai

Damir waives service of notice of rule for and on behalf of the

respondent No.1, as she being a practicing advocate.

The applicant has challenged the impugned judgment

and order dated 30.09.2019 passed by learned Judge, Family

Court No.4, Ahmedabad in Criminal Misc. Application No.

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NEUTRAL CITATION

R/CR.RA/1402/2019 ORDER

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2943 of 2002.

Heard learned advocate for the applicant and the

respondent no.1.

Learned advocate for the applicant submits that granting

25% of the net income of the applicant per month regularly is

against the settled position of law and no justifiable reasons

were recorded by the learned Judge in granting such amount

of maintenance to the respondent no.1. He has further

submitted that son Dhruvesh had attained majority in the year

2015 and as per provisions of Section 125(1)(b) of the Code of

Criminal Procedure, he is not entitled for maintenance from

March 2015, however, learned Judge has awarded 25% of net

salary of the applicant. It is further submitted that there is no

provisions under Section 125 of the CrPC to award 6% simple

interest if amount of maintenance is not paid within a period

30 days, however, learned Judge has completely ignored the

provisions and passed an order of simple interest at the rate of

6%. It is further submitted that the divorce decree was granted

by the learned Judge on the ground of desertion on the very

same day when the impugned order was passed. However, the

same thing was not considered as the applicant has never

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NEUTRAL CITATION

R/CR.RA/1402/2019 ORDER

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deserted the respondent no.1. Hence, it was requested by

learned advocate for the applicant to grant interim relief as

prayed by him in para 6(c).

Respondent no.1 has vehementally opposed the prayer

and argued that learned Judge has rightly considered the

evidence on record, as the applicant is getting more than Rs. 2

lacs by salary per month. That, applicant is not paying

maintenance regularly. She has relied upon the judgment

passed by Bombay High Court in Civil Writ petition No. 2117

of 2012 and argued that however, attaining majority by the

son, he is entitled to claim maintenance from his father. As

there is huge arrears of maintenance and applicant is not

paying amount of maintenance regularly to her, it is submitted

that learned Judge, Family Court has committed no error in

passing the order, and therefore, no interim relief can be

granted as prayed for by the applicant.

Learned APP has requested to pass necessary order so far

as interim relief is concerned.

Having perused the record and submissions made by

learned advocate for the applicant, learned APP for the

respondent-State as well as respondent no.1, who herself is a

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R/CR.RA/1402/2019 ORDER

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practicing lawyer and the available record, it appears that i