1.0 Rule. Ms. Shah, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State.1 and Mr. Pratik Barot, learned advocate waives service of Rule on behalf of respondent nos. 2 and 3. In the facts and circumstances of the case, the present application is taken up for final hearing today.
2.0 Present Criminal Revision Application under Section 397 r/w 401 of the Code of Criminal Procedure has been preferred by the petitioner hereinoriginal respondent husband challenging the impugned judgment and order passed by the learned Judge, Family Court No.2, Ahmedabad dated 23.3.2012 passed in Criminal Miscellaneous Application No.1434 of 2008, by which, the learned Judge has awarded Rs.4000/ per month to the original applicant no.1 wife and Rs. 5000/ per month to the original applicant no.2 minor daughter towards maintenance under Section 125 of the Code of Criminal Procedure w.e.f. 17.6.2008.
3.0 Today when the present Criminal Revision Application is taken up for further hearing,, there is broad consensus between the learned advocates for the respective parties under the instruction from the respective clients that let the impugned order passed by the learned Judge be modified directing the applicant to pay Rs.7500/ per month to the original applicants towards thier maintenance under Section 125 of the Code of Criminal Procedure irrespective of whether in future original applicant no.2 becomes major and in that case the amount of maintenance can be considered to the original applicant no.1. However, Shri Pratik Barot, learned advocate for the respondent nos.2 and 3 has stated that aforesaid shall without prejudice to the rights and contentions of the respondent nos. 2 and 3 to submit appropriate application for enhancement of maintenance under Section 127 of the Code of Criminal Procedure and he has requested to observe that as and when such an application is submitted the same be considered in accordance with law and on merits without in any way influenced by the present order.
4.0 In view of the above broad consensus between the learned advocates for the respective parties, the impugned impugned judgment and order passed by the learned Judge, Family Court No.2, Ahmedabad dated 23.3.2012 passed in Criminal Miscellaneous Application No.1434 of 2008 is hereby modified to the extent directing the petitioner to pay total sum of Rs.7500/ to the original applicants (instead of Rs.9000/ as awarded by the learned Family Court) w.e.f. 17.6.2008. However, it is made clear that if in future as and when original applicant no.2 becomes major, the aforesaid amount shall be considered to be maintenance to the original applicant no.1wife. It is also observed that the aforesaid shall be without prejudice to the rights of the original applicants to submit appropriate application for enhancement of the maintenance under Section 127 of the Code of Criminal Procedure and as and when such an application is made, the same be considered by the learned Family Court in accordance with law and on merits and without in any way being influenced by the present order. Rule is made absolute to the aforesaid extent..
“kaushik”
sd/ ( M. R. Shah, J. )