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Judgment
Honourable Mr. Justice M.R. Shah
The present Criminal Revision Application u/s 397 read with Section 401 of the Code of Criminal Procedure has been preferred by the applicant-husband to quash and set aside the impugned judgment and order dated 11/10/2011 passed by the learned Principal Judge, Family Court No. 1, Ahmedabad in Criminal Miscellaneous Application No. 1457/2009 by which the learned Judge has directed the applicant to pay a sum of Rs. 1000/- per month from 17/06/2009 to respondent No. 2 towards her maintenance u/s 125 of the Code of Criminal Procedure. The only submission on behalf of the applicant is that in view of the earlier settlement executed under the divorce deed dated 04/05/2010 under which the wife has accepted that she has received all the gifts, articles etc. from the husband and there shall not be any claim against the husband, thereafter an application by the wife for maintenance u/s 125 of the Code of Criminal Procedure would not be maintainable. The aforesaid cannot be accepted. On considering the entire divorce deed, it cannot be said that any amount towards maintenance/permanent alimony was paid to the wife and/or she has forgone her right to claim maintenance in future.
Under the circumstances, it cannot be said that the application by the respondent-wife for maintenance u/s 125 of the Code of Criminal Procedure was not maintainable. Even in a case where the wife had entered into agreement under which she had forgone her claim for maintenance, the learned Single Judge in the case of Bai Laxmiben Vs. Bharatbhai Vechatbhai Patel and Another, has held that if the amount of maintenance which was paid earlier is absolutely inadequate, in that case, subsequently the wife can submit a fresh application for maintenance u/s 125 of the Code of Criminal Procedure and/or u/s 127 of the Code of Criminal Procedure. Under the circumstances, there is no substance in the present Criminal Revision Application, which deserves to be dismissed and is accordingly dismissed. Notice is discharged.