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CR.RA/407/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 407 of 2010
=========================================================
NIKESHBHAI
DILIPBHAI MANEK - Applicant(s)
Versus
RIMA
NIKESHBHAI MANEK & 2 - Respondent(s)
=========================================================
Appearance :
MR
ASHISH M DAGLI for
Applicant(s) : 1,
MRPRATIKYJASANI for Respondent(s) : 1 -
2.
PUBLIC PROSECUTOR for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 09/09/2010
ORAL
ORDER
Petitioner
is a husband of respondent No.1 and father of minor respondent No.2.
He has challenged an order dated 25/06/2010 passed by the learned
Family Court, Rajkot in Criminal Misc. Application No.411 of 2008
(new number). By the said order, he is directed to pay monthly
payment of Rs.5,000/- to his wife and Rs.3,000/- to his minor son.
2. Upon
hearing learned Advocate for the parties, it appears that though the
petitioner had moved an application Exh.14 dated 13/02/2009 seeking
permission to recall of a witness i.e. himself, the learned Judge
passed a final order of maintenance without disposal of application
of the petitioner.
3. Learned
Advocate for the respondent vehemently contended that the petitioner
is only delaying the proceedings and till the proceedings were
disposed of, he had not participated in the hearings.
4. In
the larger interest of justice, I am of the opinion that petitioner
be given an opportunity to defend himself before the Court below on
certain terms and conditions since I find that the final order of
maintenance was passed without disposal of the application of
petitioner for his recall.
5. Previously
on 12/08/2010 while issuing notice following observations were made.
Notice
of final disposal returnable on 9th September 2010. By
way of ad-interim relief, the impugned order is stayed on the
following conditions:
Before
the returnable date, the petitioner shall deposit before the Family
Court 50% of the arrears payable under the order under challenge;
The
petitioner shall further deposit the remaining 50% amount before the
Family Court latest by 31st December 2010.
Upon
such deposit, it will be open for respondent No.1 to withdraw the
same subject to final outcome of this petition.
The
petitioner shall also pay to respondent Nos.1 and 2 prospective
maintenance at the rate fixed by the court below till further
order.
The
above payments shall be subject to the outcome of the petition.
6. On
the condition that the said directions are fulfilled and on the
further conditions that petitioner pays a sum of Rs.10,000/- to the
respondent No.1 towards costs, within a period of four weeks from
today, the impugned order dated 24th June, 2010 passed by
the learned Family Court, Rajkot in Criminal Misc. Application No.411
of 2008 is quashed.
6.1 Petitioner’s
application Exh.14 is granted to the limited extent of permitting
recall of the petitioner as a witness. It is clarified that he shall
not be entitled to call or recall any other witnesses.
7. With
above direction, proceedings are remanded. The learned Judge shall
pass fresh order in accordance with law as expeditiously as possible
preferably by 31/12/2010. The petitioner shall continue to pay ad-hoc
monthly maintenance of Rs.5,000/- to his wife and Rs.3,000/- to his
son till the final order is passed but subject to outcome of the
proceedings. The petition is disposed of accordingly. Direct Service
is permitted.
(Akil
Kureshi, J.)
sompura
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