A Wife with two minor children approached the Gujrat high court to get her husband released. On the amicable settlement between husband and wife, Justice R M Sareen on September 22, quashed the family court order under which the husband was sentenced to 1500 days in jail for failing to pay the maintenance amount.
In the matter, the wife had filed application for maintenance before the family court in year 2014. The wife Arti Khatik alleged that she was not treated well in the joint family. The family court ordered husband Dipak Khatik to pay monthly maintenance of Rs 5000 to the wife. Since the husband did not pay the maintenance amount, recovery proceedings were initiated to recover the maintenance amount for a period of 50 months.
Then the learned Judge of the family court in the matter, in March last year, imposed sentence of simple imprisonment for 1500 days upon the husband and since then he was serving the sentence in Central Prison at Ahmedabad.
The husband and wife then decided to reside together and approached the High Court to quash the punishment..
“According to Arti’s advocate, Nikhilesh Shah, after the husband went to jail, her well-wishers advised the woman not to be so harsh towards her husband. She realized that her matrimonial dispute was mainly because they lived in a joint family. She had no other grievance against her husband. As she had already separated from her in-laws, she should bring her husband back to live with his two children.” TOI published.
The bench said that, after the husband and wife decided to reside together, the husband should be released for the better future of the children.
“so as to ensure a better future to both minor children and therefore, husband needs to be released so that earliest cohabitation with the petitioner is rendered possible resulting into the ultimate goal being achieved.”
The bench allowed the application, considering the overall facts and circumstances of the case.
“this Criminal Revision Application is required to be allowed in view of amicable settlement, so that the applicant No1-wife and respondent No.1-husband can reside together with two minor children happily.”
The bench quashed the order of the family court and asked the family court to pass consequential order for release of the husband.