MANISHABEN VIJAYBHAI SHAH W/O BHAVESHBHAI RAMNIKLAL SHAHversusSTATE OF GUJARAT

     R/CR.RA/399/2020                              JUDGMENT DATED: 24/03/2026




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 399 of
                            2020


FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================

             Approved for Reporting               Yes          No

==========================================================
MANISHABEN VIJAYBHAI SHAH W/O BHAVESHBHAI RAMNIKLAL SHAH
                          Versus
                 STATE OF GUJARAT & ANR.
==========================================================
Appearance:
BHAVIN B THAKAR(9371) for the Applicant(s) No. 1
MR TAPASWI P RAVAL(10534) for the Applicant(s) No. 1
DR.ABHISST K THAKER(7010) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                              Date : 24/03/2026
                                JUDGMENT

1.       By way of present application, applicant has sought the
following reliefs:


         “[A] The Hon'ble Court may be pleased to call for record and
         proceedings of Criminal Misc. Application No. 214 of 2016 in
         order to examine the legality, validity and propriety of the
         impugned judgment and award dated 09.01.2020 passed by
         the Court of Learned Judge, Family Court, Ahmedabad which
         is at ANEXURE-A and consequently, be pleased enhance the
         amount of maintenance as prayed for to by the petitioner in her
         maintenance application and quash and set aside the direction
         no.3 of the same in the interest of justice;”


2. The case of the applicant is that her marriage with respondent
No. 2 was solemnized on 11.12.2000 as per Hindu rites, and
thereafter she resided at her matrimonial home at Bhavnagar. It



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     R/CR.RA/399/2020                                   JUDGMENT DATED: 24/03/2026




is alleged that she was driven out of the matrimonial home on
01.08.2007, and since then she has been residing with her
parents at Ahmedabad. The applicant filed proceedings under
Section 12 of the Domestic Violence Act being Criminal Misc.
Application         No.   352   of   2016      before   the    learned      JMFC,
Ahmedabad (Rural), wherein respondent No. 2 was directed to
pay Rs. 8,000/- per month. The applicant also filed an
application under Section 125 of the Code of Criminal Procedure
being Criminal Misc. Application No. 214 of 2016, which was
partly allowed by the learned Family Court, Ahmedabad,
directing respondent No. 2 to pay Rs. 15,000/- per month as
maintenance.


3. Heard learned advocates for the respective parties.


4. It appears that by the impugned order dated 09.01.2020, the
learned Family Court directed respondent No. 2 to pay
maintenance of Rs. 15,000/- per month from the date of
application i.e. 25.01.2016. However, the learned Family Court
further directed that the amount voluntarily paid by respondent
No. 2 prior to filing of the application shall be given set-off.


5.       Learned advocate for the applicant, while restricting the
challenge, has submitted that such direction granting set-off for
the amount paid prior to filing of the application is contrary to
law, particularly in view of the finding that maintenance is
payable from the date of the application.




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6.       If we perused the provision of Section 125 (ii) of the Cr.P.C.
which reads as under:

         “125(ii) Any such allowance for the maintenance or interim
         maintenance and expenses of proceeding shall be payable
         from the date of the order, or, if so ordered, from the date of
         the application for maintenance or interim maintenance
         and expenses of proceeding, as the case may be.”


7.       On perusal of Section 125(2) of the Code of Criminal
Procedure, it is clear that maintenance can be awarded either
from the date of the order or from the date of the application, as
directed by the Court.


8.       Herein, in paragraph 2 of the operative part, it is clearly
stated that respondent No. 2 is directed to pay maintenance of
Rs. 15,000/- from 25.01.2016. However, in paragraph 3, a
contrary direction has been issued granting set-off for the
amount paid prior to filing of the proceedings under Section 125
of the Cr.P.C.


9.       In view of the above, this Court is of the considered opinion
that, to that extent, the learned Family Court has committed an
error in granting set-off for the amount paid prior to the date of
the application. The crucial date for entitlement of maintenance
is 25.01.2016, i.e., the date of filing of the application. If any
arrears are payable, and if any amount has been paid
subsequent to 25.01.2016, i.e., after filing of the application,
respondent No. 2 shall be entitled to claim set-off of such
amount.



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        R/CR.RA/399/2020                                               JUDGMENT DATED: 24/03/2026




  10.       To that extent, the present application is partly allowed,
  and the operative part of the order dated 09.01.2020 stands
  modified accordingly. Rule is made absolute to the aforesaid
  extent.


                                                                    (HASMUKH D. SUTHAR,J)
  ALI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:39:14




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