R/SCR.A/7060/2022 ORDER DATED: 31/01/2024
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7060 of 2022
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HETALBEN W/O JIVRAJBHAI MOVER D/O GAGUBHAI LUNA
Versus
STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS NILAM N CHAUHAN(6635) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 2
MS CHETNA SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 31/01/2024
ORAL ORDER
1. Heard Ms. Nilam Chauhan, learned advocate appearing
for HCLS Committee for the applicant.
2. The applicant being wife of private respondent no.2, has
challenged the order dated 04.12.2021 passed by learned
Family Court, Porbandar whereby the Court has refused to
register the maintenance application filed under Section-125 of
the Criminal Procedure Code, 1973.
3. The private respondent, though served, did not remain
present before this Court.
4. Prima-facie, it appears that, the learned Family Court
without giving opportunity to the parties to lead evidence on
the issue discussed in the order, has refused to register the
application. In such circumstances, the order impugned dated
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R/SCR.A/7060/2022 ORDER DATED: 31/01/2024
04.12.2021 passed by learned Family Court, Porbandar is not
sustainable in law and the same deserves to be set aside.
5. Resultantly, the order dated 04.12.2021 passed by
learned Family Court, Porbandar in P.H. No.03 of 2021 is
quashed. Registry of Family Court, Porbandar is directed to
register the maintenance application and process it in
accordance with law.
In view of above, the present application stands disposed
of accordingly. It is clarified that this Court has not examined
the merits of the case.
(ILESH J. VORA,J)
TAUSIF SAIYED
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