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SCR.A/1055/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1055 of 2003
======================================
KAMLABEN
W/O UJABHAI CHELABHAI KOTADIA & 1 - Applicants
Versus
UJABHAI
CHELABHAI KOTADIA & 1 - Respondents
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Appearance :
MS
ROOPAL R PATEL for the Applicants.
MR MEHUL H RATHOD for
Respondent(s) : 1,
MR M.R.MENGDEY, APP for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/11/2010
ORAL
ORDER
1. The
present Special Criminal Application has been preferred by the
petitioners to quash and set aside the impugned judgement and order
dated 26/12/2002 passed by learned Additional Sessions Judge,
Banaskantha at Palanpur in Criminal Revision Application No.15 of
2002 and to restore the judgement and order dated 01/05/2002 passed
by learned 3rd Joint Civil Judge (S.D.) and Judicial
Magistrate First Class, Banaskantha at Palanpur in Criminal
Misc.Application No.201 of 2000.
2. Having
heard the learned advocates appearing on behalf of the respective
parties and considering the impugned judgement and order passed by
the Revisional Court, it cannot be said that the learned Revisional
Court has committed any error in awarding maintenance to the wife at
the rate of Rs.500/- per month. Even otherwise, it is to be noted
that even thereafter and during the pendency of the present
proceedings, the petitioners submitted Criminal Revision Application
No.397/2004 before the learned Magistrate for enhancing amount of
maintenance, which was awarded as per order passed in Criminal Misc.
Application No.201 of 2000 and by impugned judgement and order dated
06/01/2010, learned Additional Senior Civil Judge, Palanpur has
partly allowed the said application enhancing the amount of
maintenance and directed respondent No.1 to pay Rs.1200/- per month
to the wife and Rs.900/- per month to minor child, totaling to
Rs.2,100/-.
3. Under
the circumstances, the present petition has become infructuous and no
further order is required to be passed. Hence, the present petition
is disposed of in view of the aforesaid subsequent development. If
the petitioners are aggrieved by the non-payment of amount of
maintenance as ordered by learned Magistrate, it is open for the
petitioners to initiate appropriate proceeding for recovery of the
same before the appropriate authority and as and when such proceeding
is initiated, the same shall be considered in accordance with law and
on merits.
With
this, the present petition is disposed of. Rule is discharged.
Interim relief, if any, stands vacated forthwith.
[M.R.SHAH,J]
*dipti
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