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NEUTRAL CITATION

R/CR.RA/866/2016 JUDGMENT DATED: 02/04/2026

0.5365188914511005

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 866 of 2016 With

CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2017 In R/CRIMINAL REVISION APPLICATION NO. 866 of 2016

FOR APPROVAL AND SIGNATURE:

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

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

UJJAVAL DEVENDRABHAI RAVAL Versus STATE OF GUJARAT & ORS.

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

Appearance:

MR K S CHANDRANI(6674) for the Applicant(s) No. 1 MR PR ABICHANDANI(102) for the Respondent(s) No. 2 MR ROHAN RAVAL, APP for the Respondent(s) No. 1

RULE SERVED BY DS for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 02/04/2026

JUDGMENT

1. By way of the present application, the applicant has requested this Court to quash and set aside the judgment and order dated 23.08.2016 passed by the learned Judge, Family

Court, Rajkot in Criminal Misc. Application No.412 of 2014.

2. It is the case of the applicant that the applicant and respondent No.2 were married on 01.12.2011 as per Hindu rites and their marriage was duly registered. After marriage, respondent No.2 intermittently resided at her matrimonial home and parental home. Initially, she resided with the applicant in a joint family, however, on her insistence for a separate residence, the applicant started residing with her in a rented premises from March 2012. Out of the wedlock, a son, namely Samarth, was born on 18.12.2012. Thereafter, disputes arose between the parties and respondent No.2 started residing at her parental

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NEUTRAL CITATION

R/CR.RA/866/2016 JUDGMENT DATED: 02/04/2026

0.5365188914511005

home. On 03.04.2014, she lodged an FIR before Mahila Police Station, Rajkot being I-C.R. No.25/2014 for the offences punishable under Sections 406, 498A, 354, 323, 504, 506(2) read with Section 114 of IPC and Sections 3 and 4 of the Dowry Prohibition Act against the applicant and his family members alleging harassment and dowry demand. Subsequently, respondent No.2 filed Criminal Misc. Application No.412 of 2014 under Section 125 of the Cr.P.C. seeking maintenance for herself and the minor son. By order dated 23.08.2016, the learned Family Court partly allowed the application and directed the applicant to pay maintenance of Rs.10,000/- per month to respondent No.2 and Rs.5,000/- per month to the minor son,

totaling Rs.15,000/- per month.

3. Heard learned advocates for the respective parties.

4. Learned advocate for the applicant submitted that the impugned order passed by the learned Family Court is unjust, illegal, perverse and contrary to the provisions of Section 125 of the Code of Criminal Procedure. It was submitted that the learned Judge failed to appreciate the evidence on record in its true perspective and wrongly relied solely upon the uncorroborated version of respondent No.2 while ignoring the oral and documentary evidence produced by the applicant. It was further submitted that respondent No.2 had voluntarily left the matrimonial home without any justifiable cause and was unwilling to reside with the applicant despite his readiness to maintain and take her back. It is submitted that the allegations of harassment, dowry demand, physical and mental cruelty are

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NEUTRAL CITATION

R/CR.RA/866/2016 JUDGMENT DATED: 02/04/2026

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vague, contradictory, baseless and made only with a view to harass the applicant and his family members. It is submitted that respondent No.2 insisted upon a separate residence despite being aware be