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SCR.A/1514/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1514 of 2011
======================================
ARCHANA
W/O SANDIP JAGDISHBHAI KANWAR D/O DAYA RATAN BHATNAG & 1 -
Applicants
Versus
SANDEEP
JAGDISHBHAI KANWAR & 1 - Respondents
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Appearance :
MR
ASHISH M DAGLI for the Applicants.
None for Respondent No.1.
MR
LB DABHI, APP for Respondent
No.2.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/07/2011
ORAL
ORDER
1. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioners – wife and minor child, have prayed
for an appropriate order directing the learned Trial Court to
forthwith decide and dispose of Criminal Misc.Application
No.715/2011, which has been submitted by the petitioners under
Section 125(3) of the Code of Criminal Procedure directing the
respondent-husband to pay amount of maintenance as per the judgement
and award passed by learned Family Court No.2, Ahmedabad in Criminal
Misc.Application No.1905 of 2008.
2. A
grievance, which is voiced in the present petition is that despite
the fact that the petitioners have submitted application for
maintenance in the year 2008 and the same is finally decided and
disposed of by the learned Judge of Family Court No.2, Ahmedabad on
19th January,2010, the petitioners are not in a position
to enjoy the fruits of the said order and it is very difficult for
the petitioners to maintain themselves in these hard days.
3. Having
heard Mr.Ashish Dagli, learned advocate appearing on behalf of the
petitioners and considering the fact that there is an order in favour
of the petitioners by learned Judge, Family Court No.2, Ahmedabad
awarding maintenance as far back on 19th January,2010 and
it is reported that the petitioners have not being paid any amount by
the respondent-husband, looking to the nature of controversy and
purpose for which the amount of maintenance awarded is not
frustrated, learned Family Court before whom, application under
Section 125(3) of the Code of Criminal Procedure is pending, is
hereby directed to see that the aforesaid Criminal Misc.Application
No.715/2011 is decided and disposed of at the earliest and/or in the
meantime, some effective order is passed so that the petitioners can
maintain themselves and the order passed by the learned Family Court
No.2, Ahmedabad in awarding maintenance is complied with.
With
this, the present petition is disposed of. Direct service is
permitted.
[M.R.SHAH,J]
*dipti
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