Modification of Judgment dtd.

16/04/2026 in R/CR.RA/406/2023

0.4125967861020182 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 406 of

2023 [On note for speaking to minutes of order dated 16/04/2026 in R/CR.RA/406/2023 ]

With R/CRIMINAL REVISION APPLICATION NO. 1203 of 2023 ==========================================================

ALPABEN W/O HIMANSHUBHAI TRIVEDI D/O PRAVINBHAI R. TRIVEDI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1 MR HARNISH V DARJI(3705) for the Respondent(s) No. 2 PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 28/04/2026

ORDER

Perused the note for speaking to minutes.

In the judgment dated 16.04.2026, in paragraph 3.2, the words “earning around Rs. 40,000/- per month” have been wrongly mentioned instead of “Rs. 44,000/- per month.” Therefore, the same be read as “earning around Rs. 44,000/-

per month.”

Further, in the said judgment, in paragraph 3.2 (line 8), paragraph 5 (line 14), paragraph 7 (line 12), and paragraph 8 (line 4), the word “parents” has been wrongly mentioned instead of “mother.” Therefore, the same be read as “mother.”

In paragraph 4 (line 12) of the judgment, the words “particularly when his father is a pensioner” have been wrongly mentioned instead of “particularly when his mother is a pensioner.” Therefore, the same be read as “particularly when his mother is a pensioner.”

Further, in paragraph 4, the words “payment of fees of Rs.

2,13,000/- for two years” have been wrongly mentioned instead of “payment of fees of Rs. 2,30,000/- for two years.” Therefore, the same be read as “payment of fees of Rs. 2,30,000/- for two years.”

In paragraph 5 (line 11), the words “Rs. 11,000/- per month” have been wrongly mentioned instead of “Rs. 44,000/- per month.” Therefore, the same be read as “Rs. 44,000/- per month.”

In paragraph 7 (line 5), the words “it has also come on record that she is presently earning around Rs. 10,000/- per month through tailoring work” have been wrongly mentioned.

Therefore, the same are hereby deleted.

In paragraph 11 (line 5), the word “concurrent” has been wrongly mentioned. Therefore, the same is hereby deleted.

Rest of the order shall remain unaltered.

The present note for speaking to minutes stands disposed of in the aforesaid terms.

(HASMUKH D. SUTHAR,J)

ALI R/CR.RA/406/2023

0.4125967861020182 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 406 of 2023 With R/CRIMINAL REVISION APPLICATION NO. 1203 of 2023 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✔

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ALPABEN W/O HIMANSHUBHAI TRIVEDI D/O PRAVINBHAI R. TRIVEDI Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR BHUNESH C RUPERA(3896) for the Applicant(s) No. 1 MR HARNISH V DARJI(3705) for the Respondent(s) No. 2 MR ROHAN RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/04/2026

ORAL JUDGMENT

1. By way of the present Revision Applications, the wife, Alpaben, has preferred Criminal Revision Application No. 406 of 2023 seeking enhancement of the maintenance awarded by the judgment and order dated 31.12.2022 passed by the learned Principal Judge, Family Court, Surendranagar in Criminal Misc. Application No. 157 of 2021 under Section 125 of the Cr.P.C., whereas the husband has preferred Criminal Revision Application No. 1203 of 2023 seeking to quash and set aside the said judgment and order on the ground that the maintenance awarded is excessive and not based on proper appreciation of the evidence on record.

2. Since bot