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CR.MA/4577/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 4577 of 2010
=========================================================
DAHYABHAI
PITHABHAI SOLANKI - Applicant(s)
Versus
JYOTSNABEN
D/O LAKHABHAI GULCHAR & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIKRAM J THAKOR for
Applicant(s) : 1,
MR NITIN M AMIN for Respondent(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 22/07/2010
ORAL
ORDER
Petitioner
requests for transfer of Criminal Misc. Application No.56 of 1995 and
Maintenance Recovery Application No.1056 of 2008 pending before the
learned Chief Judicial Magistrate, Surat to the Family Court, Surat.
Apparently, between the petitioner and respondent No.1, said
proceedings pertaining to maintenance under section 125 of the
Criminal Procedure Code are pending. In view of the establishment
of the Family Court at Surat, it is the case of the petitioner that
such proceedings now cannot proceed before the learned Magistrate.
Counsel for respondent No.1, however submitted that since 1995, the
proceedings are pending at the interim stage and there also, the
petitioner has not cleared the entire arrears. Admittedly, the
petitioner is in arrears of approximately Rs.17,000/-. Counsel for
the petitioner, however, assured the Court that the arrears will be
cleared latest by 31st August 2010.
Under
the circumstances, this petition is disposed with following
directions :-
Criminal
Misc. Application No.56 of 1995 and Maintenance Recovery Application
No.1056 of 2008 pending in the Court of learned Judicial Magistrate,
Surat shall be transferred to the Family Court, Surat.
The
learned Judge, Family Court, Surat shall ensure that all arrears of
interim maintenance are cleared by the petitioners by 31st
August 2010 failing which, after notice to the present petitioner,
his defence in the pending maintenance application shall be struck
off.
The
learned Judge of the Family Court shall endeavour to dispose of the
transferred proceedings preferably by 30th November 2010.
With
the above directions, the petition is disposed of.
(Akil
Kureshi, J.)
(vjn)
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