Criminal Revision Application No.282/2010 has been filed under Section 397 read with Section 401 of the Criminal Procedure Code being aggrieved and dissatisfied with the judgment and order passed by the Learned Family Judge, Ahmedabad in Criminal Misc. Application No.1768/2007 dated 29.01.2010 for the maintenance under Section 125(1) of the Criminal Procedure Code. Criminal Misc. Application No.1988/2012 has been filed by the applicant in above Criminal Revision Application for the prayer that he may be permitted to add some evidence with regard to the marriage of the respondent no.2, which is said to have been solemnized on 05.01.2008 and copy of certificate of marriage is also produced at AnnexureA with the application.
Learned counsel, Mr.Saiyed appearing for the applicant submitted that the applicant would not be liable to pay amount of maintenance and, therefore, the matter may be remanded back.
Learned counsel, Mr.Shaikh appearing for the respondent no.2 submitted that the above Revision is for the maintenance, which even other the interim maintenance is required to be paid, however, the applicant has not deposited or paid any amount. He, therefore, submitted that some conditions may be imposed to deposit the amount before granting any indulgence. He has also submitted that even if the matter is remanded, he may try to avoid and delay leaving the respondent no.2 without any maintenance.
In view of these rival submissions, the interest of justice would be served if the matter is remanded back to the Family Court for deciding afresh after providing opportunity to both sides to produce evidence which they desire.
In the circumstances, the impugned judgment and order passed by the Learned Family Judge, Ahmedabad in Criminal Misc. Application No.1768/2007 dated 29.01.2010 is hereby quashed and set aside and the matter is remanded back to the Learned Family Court, Ahmedabad for deciding afresh with a condition that the applicant shall deposit Rs.20,000/ before the Family Court within a period of one months from today. On deposit of such amount, the Learned Judge shall proceed with the Criminal Misc. Application No.1768/2007 afresh after giving opportunity to the parties. The Family Court shall make an endeavour to dispose of the above application for maintenance within a period of three months in accordance with law. The parties are allowed to produce any further evidence, which they desire. The applicant may also produce the evidence of the marriage of the respondent no.2, which shall be without prejudice to the rights and contentions of the parties. If for any reason, there is a delay in the hearing, the applicant shall deposit 50% of the amount i.e. Rs.1,500/ per month as per the order of the Family Court towards the interim maintenance without prejudice to the rights.
With the above observations and directions, Criminal Revision Application No.282/2010 and Criminal Misc. Application No.1988/2012 stand allowed. Rule is made absolute. Direct service is permitted.
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(RAJESH H.SHUKLA, J.)
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