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Judgment
Hasmukh D. Suthar, J
[1.0] By way of present revision application under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 (for short “CrPC”), the applicant has requested to quash and set aside the order dated 23.07.2014 passed by the learned Principal Judge, Family Court, Vadodara in Criminal Misc. Application No.187 of 2010.
[2.0] Having heard learned advocates appearing for the respective parties, it appears that the learned Family Court Judge awarded monthly maintenance of Rs.2500/- to the respondent No.2 herein – wife vide the impugned order. Vide interim order dated 05.03.2015, the coordinate Bench has been pleased to stay the impugned order on condition that the applicant shall deposit Rs.30,000/- in three weeks and shall continue to pay Rs.4000/- towards monthly maintenance being Rs.2500 + Rs.1500 towards arrears.
[3.0] Learned advocate for the applicant has submitted upon instructions that the applicant is paying the maintenance regularly.
[4.0] Refuting the said contention, learned advocate Mr. Nisarg Jain appearing for respondent No.2 – wife has submitted that towards the arrears, only Rs.1500/- being paid and huge arrears is yet to be recovered.
[5.0] Considering the submissions made by the learned advocates appearing for the respective parties and the controversy involved in the matter and as the order to pay monthly maintenance of Rs.2500/-regularly is passed way back in the year 2015, no interference at the hands of this Court is required in the order awarding maintenance considering the efflux of time and considering the object of the Act to award the maintenance to wife keeping in mind the social justice and beneficial interpretation showing sympathy by ensuring that wife can maintain herself with standard of living.
[6.0] In view of above, present criminal revision application is disposed of with a clarification that the respondent No.2 – wife shall have liberty to file appropriate proceeding before appropriate forum to recover the arrears amount of maintenance pursuant to the impugned order dated 23.07.2014 passed by the learned Principal Judge, Family Court, Vadodara in Criminal Misc. Application No.187 of 2010.
[7.0] With aforesaid direction, present criminal revision application is disposed of. Rule discharged. Interim relief stands vacated forthwith.