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SCR.A/163/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 163 of 2011
=========================================================
SANJAYBHAI
HIMMATBHAI PANCHAL - Petitioner
Versus
STATE
OF GUJARAT & 5 - Respondents
=========================================================
Appearance
:
MR
RJ GOSWAMI for
Petitioner.
MR KL PANDYA, ADDL.PUBLIC PROSECUTOR for Respondent :
1,
None for Respondent(s) : 2 - 3.
MR NK MAJMUDAR for
Respondent(s) : 4,
NOTICE SERVED BY DS for Respondent(s) : 5 -
6.
MR SATYEN B RAWAL for Respondent(s) : 5 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 18/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
petitioner and corpus Gayatriben are before us. Respondent Nos.4, 5 &
6 are also present.
2. There
is no dispute that the corpus is aged 27 years and is major. It is
also not in dispute that the corpus is lawfully wedded wife of
petitioner Sanjaybhai Himmatbhai Panchal and they have a child
Harshit out of their wedlock of about five years.
3. We
have talked to both of them individually and jointly. The corpus
states that she left the house of the petitioner, as she was not
properly treated. She states that earlier when she went to her
parental house, somehow she was sent back to the house of the
petitioner and, therefore, this time she took shelter with respondent
No.4 – Chetanbhai, who happens to be her distant relative and a
friend. She states that she does not want to go and stay with
Sanjaybhai, under any circumstances.
4. The
petitioner’s reaction is that if she has left the house at her own
and she does not want to come back, it is her will and discretion.
5. Ultimately,
both the sides have tentatively come to a conclusion to take divorce
as per the customs prevailing in the community. Both the sides agree
that the custody of minor child Harshit will remain with petitioner
Sanjaybhai and corpus Gayatriben does not and will not make any claim
over the child. The parties also agree that they have no belongings
to be exchanged. Lastly, they agree that the corpus does not and will
not claim any maintenance or alimony. They need sometime to give
finality to their tentative decision of divorce on the aforesaid
terms. Hence, as requested by them, S.O to 25.4.2011.
[A.L.Dave,J.]
[Bankim
N.Mehta,J.]
(patel)
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