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NEUTRAL CITATION

R/CR.RA/415/2020 JUDGMENT DATED: 30/03/2026

0.4116039572911576

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 415 of

2020

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ==========================================================

Approved for Reporting Yes No ==========================================================

VIJAYBHAI BHAILALBHAI CHAVADA Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR PV PATADIYA(5924) for the Applicant(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MR YOGIN A BHAMBHANI(6444) for the Respondent(s) No. 2

NOTICE SERVED for the Respondent(s) No. 3 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 30/03/2026

JUDGMENT

1. By way of the present application, the applicant has prayed to quash and set aside the judgment and order dated 16.12.2019 passed by the learned Family Judge, Rajkot in Criminal Misc. Application No.1141 of 2018, whereby the learned Family Court enhanced the amount of maintenance earlier awarded in Criminal Misc. Application No.466 of 2011 vide order dated 28.06.2012. Under the earlier order, the opponent was directed to pay maintenance of Rs.1,500/- per month to original applicant No.1- respondent No.2 herein. The said amount came to be enhanced by Rs.2,500/- per month, thereby making it

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NEUTRAL CITATION

R/CR.RA/415/2020 JUDGMENT DATED: 30/03/2026

0.4116039572911576

Rs.4,000/- per month. Likewise, the original opponent- applicant herein was directed to pay maintenance of Rs.750/- per month to original applicant No.2- respondent No.3 herein, which came to be enhanced by Rs.1,250/- per month, thereby making it Rs.2,000/- per month. Thus, in total, the opponent was directed to pay Rs.6,000/- per month towards maintenance. 2. The case of the present applicant is that marriage of respondent No.2 came to be solemnized with the applicant in the year 2009 at Rajkot as per Hindu rites and customs prevailing in their community. After the marriage, respondent No.2 resided at the matrimonial home with the applicant. According to the applicant, respondent No.2 stayed at the matrimonial home for a period of less than two years and, during such period also, she frequently visited her parental home. Out of the wedlock, one son, namely Krish, was born on 05.09.2010. According to the applicant, in the year 2011, respondent No.2 left the matrimonial home along with the minor son, who was then less than one year old, and started residing separately. The applicant has stated that after respondent No.2 left the matrimonial home, several attempts were made by him to resolve the matrimonial dispute amicably and to bring respondent No.2 back to the matrimonial home. However, due to the intervention of the family members of respondent No.2, no settlement could be arrived at between the parties. Thereafter, on 05.07.2011, respondent No.2 instituted Criminal Misc. Application No.466 of 2011 before the learned Family Court, Rajkot under Section 125 of the Code of Criminal Procedure seeking maintenance for herself and the minor son. Upon considering the pleadings and

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NEUTRAL CITATION

R/CR.RA/415/2020 JUDGMENT DATED: 30/03/2026

0.4116039572911576

evidence led by both the sides, the learned Family Court, Rajkot vide judgment and order dated 28.06.2012 partly allowed the said application and directed the present applicant to pay maintenance of Rs.1,500/- per month to respondent No.2 and Rs.750/- per month to the minor son. After a lapse of several years, respondent No.2 preferred Criminal Misc. Application No.1141 of 2018 before the learne