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CR.RA/573/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 573 of
2010
=========================================================
ABDUL
RAZAK ABDUL RAHIM MEMON - Applicant(s)
Versus
KULSUMBEN
SALEH MOHMED HAKIM & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIMAL M PATEL for
Applicant(s) : 1,
MR MAHENDRA K PATEL for Respondent(s) :
1,
PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/04/2011
ORAL ORDER
1. Heard
learned advocates for the parties. By way of this application, the
present petitioner is challenging the order of maintenance dated
30.09.2010 passed by the Principal Judge, Family Court, Junagadh in
Criminal Misc. Application No.361 of 2010.
2. It
is submitted by learned advocate Mr. M.K. Patel that when the matter
was transferred from JMFC Court to Family Court, no notice was issued
to the present petitioner and only endorsement of the advocate was
obtained and thereupon, the advocate for the petitioner, who was
engaged when the matter was pending before the JMFC Court, did not
proceed with the matter and in absence of the present petitioner, the
matter was ex-parte proceeded and order is passed. Learned advocate
Mr. M.K. Patel objected to the same and submitted that after
considering the evidence on record, a legal and proper order has
been passed by the Trial Court and therefore, no relief should be
granted by this Court. It is also submitted by Mr. Patel that the
petitioner has not paid any amount of maintenance as per the order
passed by the Family Court.
3. In
view of the above, the order dated 30.09.2010 passed by the Principal
Judge, Family Court, Junagadh in Criminal Misc. Application No.361 of
2010 is hereby quashed and set aside on condition that the petitioner
shall deposit Rs.15,500/- (Rupees fifteen thousand five hundred only)
with the Family Court within four weeks from today. After depositing
the said amount by the petitioner, respondent No.1 is at liberty to
withdraw the said amount. The Family Court, Junagadh is hereby
directed to decide the matter as early as possible and preferably
within two months from the date of receipt of copy of this order,
after giving an opportunity of hearing to the present petitioner. The
petitioner will not ask for unnecessary adjournments and will give
full cooperation before the Trial Court for conducting the trial.
[M.D.SHAH,
J.]
mrpandya
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