A husband is legally and ethically obligated to maintain his wife; maintenance orders under Section 125 Cr.P.C. are enforceable unless modified by a court, and revisional jurisdiction cannot be invoked unless there is a patent error or miscarriage of justice.

0.14757334409968403

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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Approved for Reporting Yes No

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CORAM:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

JUDGMENT

1. From the record, it emerges that, pursuant to the first order passed by the Coordinate Bench of this Court on 27.08.2019, the applicant had, as per his own statement, expressed readiness and willingness to deposit an amount of Rs.60,000/-. However, thereafter, the applicant failed to remain present on any of the dates when the matter was listed before this Court and consistently remained absent. Despite this, the Coordinate Bench granted a last opportunity to the applicant on 07.01.2025 and again on 11.06.2025; yet, the applicant chose to remain absent. Ultimately, an order came to be passed on 20.03.2026. Even today, when the matter was called out twice, neither the applicant nor his learned advocate appeared before this Court. It also appears from the earlier order dated 20.03.2026 that the applicant has been taking undue advantage of the proceedings before the learned Family Court and has been obstructing the recovery proceedings in Criminal Misc. Application No. 1820 of 2018, which has remained pending for a considerable period.

2. In view of the aforesaid conduct, it clearly transpires that the applicant is not interested in prosecuting the present proceedings. Therefore, having regard to the judgment of the Hon’ble Apex Court in Taj Mohammad v. State of Uttar Pradesh (Criminal Appeal No. 2421 of 2023, decided on 11.08.2023), this Court has considered the averments made in the application as well as the material available on record and has proceeded to decide the matter in the absence of the applicant.

3. When the matter is taken up for hearing today, Mr. K.B. Paneri, learned advocate appearing for respondent No.2, is present, and the matter is accordingly taken up for final hearing in his presence.

4. By way of the present application, the applicant has requested this Court to quash and set aside the judgment and order dated 10.06.2019 passed by the learned Family Court No.6, Ahmedabad below Exhibit 7 in Criminal Misc. Application No.1820 of 2018.

5. The applicant herein is the husband of respondent No.2; the marriage between the parties was solemnized in the year 2000. Respondent No.2 resided with the petitioner until 2007, after which she preferred an application under Section 125 of the Code of Criminal Procedure seeking maintenance, by filing Criminal Misc. Application No. 2080 of 2008 before the Family Court No. 2. The said application came to be partly allowed, and the learned Family Judge was pleased to direct the present petitioner to pay maintenance of Rs.2,500/-. For recovery of the said amount, respondent No.2 thereafter preferred Criminal Misc. Application No. 1088 of 2012 under Section 125 (3) of the Cr.P.C. Since the petitioner paid the arrears, the said application came to be disposed of. Subsequently, respondent No.2 filed another application being Criminal Misc. Application No. 1820 of 2018 for recovery of arrears for 72 months, amounting to Rs.1,80,000/-. Summons came to be issued in the said proceedings. Thereafter, an application below Exhibit-7 was filed seeking issuance of a warrant against the petitioner, which has been assailed by way of the present revision application.

6. Since the ap