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SCR.A/431/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 431 of 2010
With
SPECIAL
CRIMINAL APPLICATION No. 535 of 2010
=========================================
YUVRAJSINH
NARENDRASINH & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
AD SHAH for
Applicant(s) : 1 - 3.
PUBLIC PROSECUTOR for Respondent(s) :
1,
RULE SERVED BY DS for Respondent(s) : 2,
PARTY-IN-PERSON for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 20/09/2011
ORAL
ORDER
[1] Heard
learned advocates for the parties. It is submitted by learned
advocates for the respective parties that order dated 26.08.2011
passed by this Court be modified to some extent.
[2] This
Court on 26.08.2011 passed following order : –
“Heard
learned advocates for the parties.
Learned
advocates for respective parties submit that the matter is amicably
settled between the parties and both the husband and wife will file
the divorce petition under Section 13(b) of the Hindu Marriage Act
before the Family Court and till the filing of the divorce petition
(for obtaining consent decree under Section 13(b)) all the
proceedings which are initiated by the respondent no.2-wife will be
continued. As soon as the divorce petition will be preferred by the
parties, the criminal proceedings initiated by the wife will be
dropped or prayer will be made to the Court to pass appropriate
order. On the date of filing of the divorce petition under Section
13(b) of the Hindu Marriage Act, the husband-Vanrajsinh will deposit
Rs.14,50,000/- by demand draft before the Family Court.
On such divorce
petition being filed and such deposit being made, the Family Court is
directed to pass order and while granting decree of divorce, it is
directed to pass appropriate order to make payment of this amount
deposited towards permanent alimony. Considering the submissions made
by the parties, it is admitted fact that marriage between husband and
wife is irrevocably broken and there is no possibility of reunion and
Family Court will consider the same and decide the divorce petition.
S.O. to
5.9.2011. To be treated as part heard.”
[3] Considering
the request made by the learned advocate for the parties and
submissions made, order dated 26.08.2011 passed by this Court is
modified to the following extent :-
“Heard
learned advocates for the parties.
Learned
advocates for respective parties submit that the matter is amicably
settled between the parties and both the husband and wife will file
the divorce petition under Section 13(b) of the Hindu Marriage Act
before the Family Court. On the date of filing of the divorce
petition under Section 13(b) of the Hindu Marriage Act, the
husband-Vanrajsinh will deposit Rs.14,50,000/- by demand draft before
the Family Court.
On such divorce
petition being filed and such deposit being made, the Family Court is
directed to pass order while granting decree of divorce, it is
directed to pass appropriate order to make payment of this amount
deposited towards permanent alimony. Considering the submissions made
by the parties, it is admitted fact that marriage between husband and
wife is irrevocably broken and there is no possibility of reunion and
Family Court will consider the same and decide the divorce petition.”
[4] At
the joint request of learned advocates, Stand over to 20.10.2011.
[M.D.Shah,
J.]
satish
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