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SCA/4779/2011 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4779 of
2011
=========================================================
JYOTI
HARPREETSINGH BAGAI - Petitioner(s)
Versus
HARPREETSINGH
SARABJITSINGH BAGAI - Respondent(s)
=========================================================
Appearance
:
MR
MA PAREKH for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/04/2011
ORAL
ORDER
1. Leave
to amend the cause title so as to add police authority as respondent
No.2.
2. On
the allegation that the respondent No.1 has committed breach of
pursis (Exhibit-16) on the record of the Family Court in the matter
of Civil Misc. Application No.94 of 2010, present petitioner has
moved application dated 24.3.2011.
3. It
is in respect of the said application that the petitioner has prayed
for below mentioned relief/s:-
“10.(A)
Your Lordship may be pleased to admit / allow the present Special
Civil Application, in the interest of justice.
(B)
Be pleased to issue a writ of mandamus or writ of certiorari or any
appropriate writ, order or direction and be directed to the learned
Family Court, Ahmedabad to expedite the aforesaid Civil Misc.
Application No.94 of 2010, in the interest of justice.
(C)
Pending, admission and final disposal of the present petition or
aforesaid Civil Misc. Application No.94 of 2010 before learned Family
Court, Ahmedabad, this Hon’ble Court may be pleased to direct the
present respondent No.2 the P.I / P.O. to help the applicant
lady in case of harassment by the respondent No.1 or his mother,
sister or any other person from respondent No.1 the husband of the
petitioner while visiting her children as per the order passed by the
learned Family Court, Ahmedabad in Civil Misc. Application No.94 of
2010 as per Annexure-B to this petition, in the interest of justice.
(D)
This Hon’ble Court may be pleased to award heavy cost from the
present respondents, in the interest of justice.
(E)…….”
4. The
earlier order below Exhibit-16 was passed on 14.10.2010. Thereafter,
the aforesaid application has been filed in March 2011, on the
allegation that the arrangement finalized by virtue of pursis
(Exhibit-16) is violated by respondent No.1.
5. Having
regard to the relief prayed for by the petitioner in the petition it
is clarified and observed that the petitioner may make appropriate
application to the learned Family Court for expeditious hearing and
decision of the application dated 24.3.2011. If and when the said
application is preferred, the learned Family Court may consider the
same in light of its roster.
6. With
the aforesaid clarifications the petition is disposed of. Direct
service is permitted.
(K.M.THAKER,J.)
Suresh*
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