Criminal revision application by a husband to quash a Family Court maintenance order granting Rs. 10,000. The High Court rejected the revision at the admission stage, finding no merit in the contention of insufficient income.
The criminal revision application was dismissed at the stage of admission.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
Criminal Revision Application No. 472 of 2010 .
Mr.Abdul Gafar Abdul Hamid Tamboli .. Applicant
v/s.
Mrs. Afreen Bano Abdul Gafar Tamboli
& Others ..Defendants
Mr.L.S.Gaikwad for the Applicant
Mr.P.R.Kadam with Mr. J.D.Khairnar for the respondent nos.1 to 3
Mrs.M.M.Deshmukh, APP for the State
CORAM : R.Y.GANOO, J. DATED : 15th March, 2011
P.C. :
5000/- for her maintenance and Rs.3000/- and Rs.2000/- respectively
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for the two children. This order dated 29.7.2010 is challenged by this criminal revision application.
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countries. Today, before the Court, the learned Counsel for the petitioner upon instructions made a staement that the petitioner does not hold any passport as of today. He also submitted that only three trips were made by the petitioner. However, he has not explained at whose cost the petitioner had gone abroad. The Court could take judicial notice of the fact that going abroad is not just going to Pune or Nashik, as the case may be where one can go by spending nominal amount. This will mean that the petitioner is having sufficient means to visit foreign countries, and at the same time he is exposing his wife and children to day to day hardships. If he has gone to foreign countries for a business, it would mean that he is earning money and he is avoiding to pay maintenance. In the absence of the positive figure coming from the petitioner as regards his income, the learned Judge has appreciated the evidence and has rightly arrived at the income of the petitioner. The total amount of maintenance granted is to the tune of Rs.10,000/-. Respondent is required to take care of herself as well as two young children and as such the learned Judge has arrived at a proper figure of maintenance, ofcourse by taking into consideration the income of the petitioner.
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admit this revision. For the reasons mentioned aforesaid the revision
is dismissed at the stage of admission.
[R.Y.GANOO, J.]
2 issues framed by the court
Whether the Family Court erred in fixing the maintenance amount at Rs. 10,000 considering the petitioner's alleged income of Rs. 5,000.
Whether the High Court in criminal revision can interfere with the Family Court's maintenance order without a detailed appellate hearing.
Abdul Gafar Abdul Hamid Tamboli
Afreen Bano Abdul Gafar Tamboli
Others
R.Y.Ganoo
As recorded by the court registry
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