Vasantbhai Premjibhai Vekariya Vs State of Gujarat & Anr. (Gujarat High Court)
The case concerns a criminal revision application filed by the husband under Sections 397 and 401 of the Code of Criminal Procedure, 1973, challenging an order of the Family Court, Anand dated 10.12.2021. The Family Court had directed him to pay ₹50,000 per month as maintenance to his wife from the date of application, i.e., 12.03.2019.
The wife had filed an application under Section 125 Cr PC stating that the marriage was solemnized in 1995 and that she had supported the husband in his business. A son was born out of the marriage. Over time, relations deteriorated, and allegations of mental and physical harassment were made. The wife also claimed that despite the husband’s financial capacity, he failed to provide regular financial support, compelling her to seek maintenance. During the proceedings, interim maintenance of ₹15,000 per month was initially granted. After full consideration of evidence, the Family Court enhanced the amount to ₹50,000 per month.
The husband challenged this order, arguing that it was unjust and based on improper appreciation of evidence. He contended that the wife was residing with him at the time of filing the application, making it not maintainable. He also argued that the increase from ₹15,000 to ₹50,000 lacked justification and that his income had declined, particularly after COVID-19. He relied on income tax returns, audit reports, and testimony to assert that his earnings were limited. He further submitted that he had been contributing to household expenses and depositing money into a joint account, and therefore, the maintenance amount imposed an excessive financial burden.
