Case Note & Summary
The applicant, Pandya Purvaben Devangkumar, filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, challenging the order dated 09.12.2020 passed by the learned Family Court, Ahmedabad, in Criminal Misc. Application No.552 of 2016. The Family Court had directed the respondent-husband to pay maintenance of Rs.3,000/- per month to the applicant from the date of filing of the application. The applicant sought enhancement of the maintenance amount. During the pendency of the revision, the respondent-husband contended that the applicant had remarried on 27.01.2023 and thus was not entitled to maintenance. He also claimed that all outstanding maintenance had been paid. The High Court noted that the Coordinate Bench had directed the respondent to file an affidavit regarding payments made up to 27.01.2023, but the respondent failed to comply. The Court observed that the applicant is entitled to maintenance only up to the date of her second marriage, i.e., 27.01.2023, and any arrears for that period remain recoverable. On the quantum of maintenance, the Court found that the Family Court had not adequately considered the applicant's needs and the respondent's capacity, and thus remanded the matter back to the Family Court for fresh adjudication on the quantum of maintenance. The revision application was allowed in part, with the direction that the Family Court decide the matter afresh within six months.
Headnote
A) Criminal Procedure Code - Maintenance - Section 125 CrPC - Quantum of Maintenance - The Family Court awarded Rs.3,000/- per month as maintenance to the wife, which was challenged as inadequate. The High Court found that the quantum required reconsideration and remanded the matter for fresh determination. (Paras 1-5)
B) Criminal Procedure Code - Maintenance - Second Marriage of Wife - Section 125 CrPC - Effect on Entitlement - The wife remarried on 27.01.2023. The High Court held that she is entitled to maintenance only up to the date of her second marriage, and any arrears till that date remain recoverable. (Paras 3-5)
Issue of Consideration
Whether the Family Court's award of Rs.3,000/- per month as maintenance to the wife is just and proper, and what is the effect of the wife's subsequent second marriage on her claim for maintenance.
Final Decision
The revision application is allowed in part. The impugned order dated 09.12.2020 is quashed and set aside. The matter is remanded to the Family Court, Ahmedabad, for fresh adjudication on the quantum of maintenance. The Family Court shall decide the matter afresh within six months from the date of receipt of the order. The applicant is entitled to maintenance only up to the date of her second marriage, i.e., 27.01.2023, and any arrears for that period remain recoverable.
Law Points
- Maintenance under Section 125 CrPC
- second marriage of wife
- entitlement to maintenance till remarriage
- quantum of maintenance
- remand for fresh consideration
Case Details
2026 LawText (GUJ) (03) 1097
R/Criminal Revision Application (For Maintenance) No. 167 of 2021
Mr. Yogendra Thakore (for applicant), Mr. Ashish B. Desai (for respondent No.2), Ms. Shruti Pathak, APP (for respondent-State)
Pandya Purvaben Devangkumar
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Nature of Litigation
Criminal Revision Application challenging the quantum of maintenance awarded under Section 125 CrPC.
Remedy Sought
Enhancement of maintenance amount from Rs.3,000/- per month to a higher amount.
Filing Reason
The applicant-wife was dissatisfied with the maintenance of Rs.3,000/- per month awarded by the Family Court.
Previous Decisions
The Family Court, Ahmedabad, in Criminal Misc. Application No.552 of 2016, ordered maintenance of Rs.3,000/- per month from the date of filing.
Issues
Whether the maintenance of Rs.3,000/- per month awarded by the Family Court is just and proper?
What is the effect of the wife's second marriage on her entitlement to maintenance?
Submissions/Arguments
The applicant-wife sought enhancement of maintenance.
The respondent-husband contended that the wife remarried on 27.01.2023 and is not entitled to maintenance, and that all arrears have been paid.
Ratio Decidendi
A wife who remarries is not entitled to maintenance under Section 125 CrPC from the date of her second marriage. However, she remains entitled to arrears of maintenance up to that date. The quantum of maintenance must be determined based on the needs of the wife and the capacity of the husband, and if the Family Court fails to adequately consider these factors, the matter may be remanded for fresh consideration.
Judgment Excerpts
By way of the present revision application, the applicant has assailed the order dated 09.12.2020 passed by the learned Family Court in Criminal Misc. Application No.552 of 2016, whereby the learned Family Court was pleased to direct payment of Rs.3,000/- per month to the applicant from the date of filing of the application.
It appears that on 10.02.2026, the submission of the learned advocate for respondent No.2 was recorded and, pursuant thereto, the Coordinate Bench of this Court directed respondent No.2 to file an affidavit with regard to the payments made up to 27th January 2023. However, respondent No.2 has failed to comply with the said order dated 10.02.2026.
It is needless to state that if any arrears of maintenance are pending from the date of filing of the application till the date of the applicant's second marriage, i.e., 27.01.2023, the applicant shall be at liberty to initiate appropriate recovery proceedings.
Procedural History
The applicant filed Criminal Misc. Application No.552 of 2016 before the Family Court, Ahmedabad, seeking maintenance under Section 125 CrPC. The Family Court awarded Rs.3,000/- per month on 09.12.2020. Aggrieved, the applicant filed the present Criminal Revision Application No.167 of 2021 before the High Court of Gujarat. During the pendency of the revision, the applicant remarried on 27.01.2023. On 10.02.2026, the Coordinate Bench directed the respondent to file an affidavit regarding payments, which was not complied with. The matter was heard on 16.03.2026 and disposed of with the present order.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 125, Section 397, Section 401
