'Prima Facie Absurd': Gujarat High Court On Family Court Assessing Woman's Financial Status From Unverified Photos And Denying Maintenance

The Gujarat High Court has made prima facie observations against a Family Court order rejecting a deserted woman's application for maintenance under Section 125 CrPC on the basis of her financial status and alleged lavish lifestyle assessed from few unverified photographs.

Justice JC Doshi presiding over the case observed, “Some strange findings are recorded by the learned Family Judge in page 38, more particularly para 15.13 to 15.19 against the deserted lady to deny maintenance u/s 125 of the Code of Criminal Procedure, 1973 upon unverified photographs which are even not exhibited or proved.”

As per factual matrix of the case, petitioner Himakshiben married Sureshbhai but the latter began harassing the petitioner for dowry and later, abandoned her.

Petitioner then filed an application for maintenance in the Family Court at Gandhinagar but the same was rejected. She then preferred the instant appeal before the High Court. She argued that the Family Court's decision to deny maintenance was based on the misconception that she led a luxurious lifestyle.

She highlighted that according to Section 125 CrPC, a wife only needs to prove desertion to be eligible for maintenance, regardless of her lifestyle. She argued that relying on photographs to judge her lifestyle was unjust, especially when she had been abandoned without cause by her husband. She insisted that the court's conclusion was flawed and should be overturned.

“The learned Family Judge believed that the petitioner is living high-profile life. Prima facie, this findings appears to be completely absurd and derogation of principles of Evidence Act as well as scope, ambit and object of section 125 of the Code. Hence, present Criminal Revision Application deserves consideration,” Justice Doshi observed and listed the matter on 12.6.2024 for further hearing.

Case Title: Himakshiben W/O Akshay Sureshbhai Panchal W/O Narsinhbhai Havsibhai Thakor Versus State Of Gujarat & Anr.

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