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NEUTRAL CITATION

R/CR.RA/709/2016 JUDGMENT DATED: 06/04/2026

0.2395013296408911

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 709 of

2016 FOR APPROVAL AND SIGNATURE:

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

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

HEMANGIBEN UPENDRAKUMAR BHATT Versus UPENDRABHAI RAMSHANKAR BHATT & ANR.

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Appearance:

MR LALJI R MOKARIA(3085) for the Applicant(s) No. 1 MR PARTHIV B SHAH(2678) for the Respondent(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 2

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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 06/04/2026

JUDGMENT

1. By way of the present application, the applicant has requested this Court to modify the impugned order dated 31.05.2016 passed by the learned Family Court, Vadodara in Criminal Misc. Application No.2200 of 2010 and to grant the maintenance of Rs.10,000/- per month from the date of filing of

application i.e. 04.06.2009.

2. It is the case of the applicant that the The applicant married respondent No.1, but due to matrimonial disputes, they started living separately. The applicant initially filed an application under Section 125 of the Cr.P.C. before the learned JMFC, Vadodara being Criminal Misc. Application No.130 of 1988, which came to be partly allowed vide order dated 31.03.1995 directing respondent No.1 to pay Rs.500/- per month towards maintenance. Thereafter, considering the change

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NEUTRAL CITATION

R/CR.RA/709/2016 JUDGMENT DATED: 06/04/2026

0.2395013296408911

in circumstances and rise in expenses, the applicant filed an application under Section 127(1) of the Cr.P.C. on 04.06.2009 seeking enhancement of maintenance from Rs.500/- to Rs.10,000/- per month. Upon establishment of the Family Court at Vadodara, the matter was transferred and renumbered as Criminal Misc. Application No.2200 of 2010. Initially, as neither the respondent nor his advocate remained present, the learned Family Court passed an order dated 05.10.2012 directing the respondent to pay Rs.7,500/- per month instead of Rs.500/- per month. Being aggrieved, the respondent preferred Criminal Revision Application No.263 of 2013 before the Hon'ble High Court of Gujarat, wherein the High Court directed the respondent to pay Rs.4,000/- per month as interim maintenance and remanded the matter back to the Family Court for fresh adjudication after giving both sides an opportunity to lead evidence. Thereafter, both parties led evidence, including examination-in-chief and cross-examination, and ultimately the learned Additional Family Court, Vadodara, vide judgment and order dated 31.05.2016, partly allowed the application and directed respondent No.1 to pay Rs.5,000/- per month from the date of application i.e. 04.06.2009 and Rs.6,500/- per month from the date of the order, along with Rs.3,000/- towards costs.

Therefore, the present Criminal Revision Application.

3. Learned advocate for the applicant submitted that the learned Family Court has committed an error in awarding maintenance of only Rs.6,500/- per month despite observing that the respondent had tried to suppress his income and had failed to disclose his actual earnings. It was further observed

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NEUTRAL CITATION

R/CR.RA/709/2016 JUDGMENT DATED: 06/04/2026

0.2395013296408911

that the respondent-husband had transferred his property in the name of his younger brother with a view to avoid his responsibility to maintain the applicant-wife. Therefore, it was submitted that the learned Family Court ought to have awarded at least Rs.7,500/- per month towards maintenance. Henc