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SCR.A/562/2010 1/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 562 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
HONOURABLE
MR.JUSTICE Z.K.SAIYED
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
KALPESHKUMAR
RAMJIBHAI CHAVDA - Applicant(s)
Versus
STATE
OF GUJARAT & 10 - Respondent(s)
=========================================================
Appearance
:
MR
ARPIT A KAPADIA for
Applicant(s) : 1,
MR KP RAVAL, APP for Respondent(s) : 1,
DS
AFF.NOT FILED (R) for Respondent(s) : 2 -
11.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 07/04/2010
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present petition is preferred by the petitioner husband to set
his wife, Reshma Shamshuddin Lakhani, free on the allegation that
the parents have kept her in wrongful confinement.
Pursuant
to the earlier order passed by this Court, the corpus Reshma is
present with the Police Officer, Mr.V.H. Thakor, P.S.I., Ramol
Police Station. We have enquired about the free-will and desire of
the corpus Reshma and she has declared before us that she is
desirous to stay with the parents and she has no desire to stay with
the petitioner Kalpeshkumar Ramjibhai Chavda.
The
petitioner, Kalpeshkumar Ramjibhai Chavda, is present with his
Advocate, Mr.Kapadia.
In
view of the aforesaid desire shown by the corpus, after some
deliberations, the corpus Reshma as well as Kalpeshkumar Ramjibhai
Chavda have agreed that they are desirous to get divorced from each
other and corpus Reshma has also declared before us that she would
not claim any maintenance or compensation on the ground that the
marriage had taken place. It is also agreed that the divorce
petition shall be filed before appropriate Court within two weeks
from today and the expenses of divorce petition shall be borne by
the petitioner husband.
The
parents of the corpus are also present and they have declared that
if the corpus is desirous to stay with the parents, they shall keep
her properly and they have also agreed for divorce without claiming
any right of maintenance.
In
view of the above, the corpus Reshma is set free and she would be at
liberty to stay with her parents. The parties shall act as per the
declarations made before the Court.
Rule
made absolute accordingly.
(Jayant
Patel, J.)
7.4.2010 (Z.
K. Saiyed, J.)
vinod
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