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SCA/4924/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4924 of 2010
=========================================
DR.MANISH
PRAVINCHANDRA BAROT
Versus
SONALBEN
D/O JAYDEVBHAI MANGABHAI BAROT (BRAHMBHATT)
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Appearance :
MR
PP MAJMUDAR for the Petitioner
GOVERNMENT PLEADER for
Respondent(s) : 1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 21/04/2010
ORAL
ORDER
Leave to
amend.
2. Heard
learned Advocate Mr.P.P.Majmudar for the petitioner.
3. Learned
Advocate for the petitioner invited attention fo the Court to
application Exh.154 filed in HMP No.238 of 1997, a copy of which is
produced at Annexure-E, page No.46 dated 05.10.2009, whereby the
husband petitioner herein declared before the Court that looking
to the pendency of the matter since 1997 and taking into
consideration the fact that the parties have not resided together
since 04.02.1996, without admitting any of the allegations made in
the HMP, the petitioner has no objection if the reliefs as prayed for
are granted.
The learned
Judge referred to the said application Exh.154 in para-8 of its
judgment without having any discussion on the Issues framed in the
judgment. The findings are given of Issue Nos.1 to 4 in affirmative,
for Issue No.5 in negative and for Issue NO.6 as per the final order.
4. Learned
Advocate for the petitioner submitted that this order is to adversely
affect the petitioner in criminal proceedings Criminal Case
No.106 of 1997 and therefore, he is before this Court praying for
quashing of the order, to the extent it records finding in
affirmative on the allegations made by the respondent wife in the
application.
RULE
returnable on 22.06.2010.
During the
pendency of the present petition, the findings recorded on the aspect
of cruelty are suspended.
(Ravi
R.Tripathi, J.)
*Shitole
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