IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REVISION APPLICATION No 135 of 1992
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GORDHANBHAI CHITHARBHAI CHAUHAN
Versus
STATE OF GUJARAT AND ANOTHER
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Appearance:
MR BHARGAV N BHATT for Petitioner
MR RJ OZA for Respondent No. 1
PUBLIC PROSECUTOR for Respondent No. 2
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CORAM : MR.JUSTICE K.R.VYAS
Date of Order: 19/09/94
ORAL ORDER
“Mr.K.T.Dave, ld. A.P.P. waives service
on behalf of the respondent no.1. Mr. R.J.Oza waives
service of rule on behalf of the respondent no.2. At the
request of the learned Advocates for the parties, this
Revision is heard today.
With the consent of the respondent no.2,
the following order is passed:
The respondent no.2 will have no
objection if the Revision Application filed by the
petitoner before the learned Sessions Judge, Bhavnagar is
decided on merits provided the petitioner is directed to
deposit the entire arrears of maintenance amount granted
by the trial Court and the petitioner is further directed
to go on paying the amount of maintenance at the rate
Rs.300/- per month as directed by the trial Court. On
behalf of the petitioner, it was stated that the
petitioner will have no objection provided the Revision
Application is heard on merits. Considering the
aforesaid statements made on behalf of the petitioner and
the respondent no.1, it is directed that the impugned
order passed below Misc.Criminal Application no.128 of
1992 not condoning the delay is set aside. The learned
Sessions Judge, Bhavnagar, shall hear the main Revision
Application on merits after hearing the parties. Till
the said application is decided, the petitioner shall pay
the amount of Rs. 300/- granted by the trial Court to
the respondent no.2 every month regularly and will also
deposit the arrears till date before the trial Court. As
and when the amount is deposited, the respondent no.2
shall withdraw the same. The arrears to be deposited
within four weeks from today. In view of the directions
given above, this Revision is allowed. Rule is made
absolute accordingly.”