Partly allowed

Jai Prakash Harkishandas Lalwani v. Rajai Pushpaben @ Vanitaben Mohanlal

Gujarat HC26 Nov 2018CR.RA/688/2017

Case brief

AI extract

What is this about?

The High Court examined two criminal revision applications regarding a maintenance order. It upheld the finding that both parties suppressed income but modified the daughter's maintenance enhancement from Rs. 6000 to Rs. 5000 per month, holding the excess as beyond jurisdiction, while dismissing the wife's appeal.

What did the court decide?

Maintenance enhancement for the daughter modified from Rs. 6000 per month to Rs. 5000 per month effective from 19.06.2015 in the original proceedings.

Jai Prakash Harkishandas Lalwani Vs Rajai Pushpaben… — Maintenance and Alimony | Gujarat HC (2018)

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R/CR.RA/688/2017 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL REVISION APPLICATION NO. 688 of 2017

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With R/CRIMINAL REVISION APPLICATION NO. 567 of 2017

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

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JAI PRAKASH HARKISHANDAS LALWANI

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Versus

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RAJAI PUSHPABEN @ VANITABEN MOHANLAL

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========================================================== Appearance:

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MR SR YADAV(2395) for the PETITIONER(s) No. 1 MR RAKESH B SHARMA(2521) for the RESPONDENT(s) No. 1,2 MR KL PANDYA ADDITIONAL PUBLIC PROSECUTOR(2) for the RESPONDENT(s) No. 3

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

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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI

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Date : 26/11/2018

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COMMON ORAL ORDER

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Two revision applications being Criminal Revision Application No. 688 of 2017 and Criminal Revision Application No. 567 of 2017 arise out the common order dated 15.04.2017 passed by the learned Principal Judge, Family Court, Bhavnagar under section 127 of the Code of Criminal Procedure ( for short ‘Cr.P.C’). The wife who is petitioner in Criminal Revision Application No. 567 of 2017 has not been awarded the enhanced maintenance while the daughter applicant no. 2 has been awarded enhancement of Rs. 6000/- per month as against the prayer of Rs. 5000/-.

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Having considered the rival submissions, it would appear that both the sides i.e. husband and the wife were found suppressing the real income. In absence of the evidence of the actual income, the court below fixed the income of the husband @ Rs. 25000/-( Rupees Twenty

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Page 1 of 2

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R/CR.RA/688/2017 ORDER

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Five Thousand only) per month and granted above referred enhancement. So far as wife is concerned, she was found to be paying the rental of Rs.6000/- per month, the income for which was generated through undisclosed source. The attempt to show that the father of the wife was bearing the rental of Rs. 5000/- per month, could not be materialized in absence of the relevant evidence more particularly that of the father who was not examined. Thus the doubt remained about the earning capacity of the wife. In the opinion of this court under such scenario, no fault can be found with the impugned order so far as wife is concerned. So far as daughter is concerned, apparently, against the prayer of enhancement of Rs. 5000/-, grant of Rs. 6000/- was beyond the jurisdiction of court below and therefore the order needs to be modified. Accordingly the order is modified and it is directed that instead of Rs.6000/- per month, enhancement of maintenance of Rs. 5000/ per month effective from 19.06.2015 shall be awarded to the daughterapplicant no.2 in the original proceedings.

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In view of the foregoing reasons Criminal Revision Application No. 567 of 2017 fails and is dismissed. Rule is discharged. The Criminal Revision Application No. 688 of 2017 is partly allowed in terms of the discussion hereinabove. Rule is made absolute to the above extent. Both Revision Applications are accordingly disposed of. Direct service is permitted.

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(G.R.UDHWANI, J)

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niru*

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Jai Prakash Harkishandas Lalwani v. Rajai Pushpaben @ Vanitaben Mohanlal

Case brief

What is this about?

What did the court decide?

Jai Prakash Harkishandas Lalwani v. Rajai Pushpaben @ Vanitaben Mohanlal

Case brief

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What did the court decide?

What the court decided

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