Gujarat High Court
Nitinkumar Shankarbhai Patel vs Minor Hardikkumar Patel Thro' Alkaben ... on 28 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/5555/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (MAINTAINANCE) NO. 5555 of 2015
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NITINKUMAR SHANKARBHAI PATEL....Applicant(s)
Versus
MINOR HARDIKKUMAR PATEL THRO' ALKABEN PATEL &
1....Respondent(s)
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Appearance:
MR RD DAVE, ADVOCATE for the Applicant(s) No. 1
MR KL PANDYA, APP for the RESPONDENT(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 28/09/2015
ORAL ORDER
By this writ-application under Article 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
"(A) This Hon'ble Court may be pleased to issue writ of certiorari and/or any other appropriate writ, order or direction to quash and set aside proceedings of Maintenance Application No.38 of 2015 and process issue there under which is pending in the Court of Ld. Judicial Magistrate, First Class, Kaparada at Annexure-H. (B) This Hon'ble Court may be pleased to issue writ of certiorari and/or any other appropriate writ, order or direction to quash and set aside impugned judgment and order dated 15.7.2009 passed in Maintenance Application No.2 of 2009 (Old No.61 of 2006) by Ld. JMFC, Kaparada which is at Annexure-F to the petition and further be pleased to declare that the petitioner is not liable to pay any maintenance to the respondent no.1.
(C) Pending hearing and final disposal of this petition, this Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Sep 30 01:28:11 IST 2015 R/SCR.A/5555/2015 ORDER Hon'ble Court pleased to stay further proceedings of Maintenance Application No.38 of 2015 and order of process issue there under which is pending in the Court of Ld. Judicial Magistrate, First Class, Kaparada at Annexure-H. (D) Pending hearing and final disposal of this petition, this Hon'ble Court be pleased to stay implementation, operation and execution of impugned judgment and order dated 15.7.2009 passed in Maintenance Application No.2 of 2009 (Old No.61 of 2006) by Ld. JMFC, Kaparada which is at Annexure-F. (E) Any other and further relief as this Hon'ble Court may deem fit and proper may kindly be granted in the interest of justice."
Without going into the merit of the matter, this petition is disposed of with a direction to the District and Sessions Judge, Valsad, to take up the Criminal Revision Application No.55 of 2009 for hearing at the earliest and see to it that the same is disposed of in accordance with law within a period of four weeks from the date of receipt of the writ of the order.
Till the disposal of the above referred Criminal Revision Application, the learned Principal Judicial Magistrate, First Class, Kaparada, District Valsad, shall not proceed with the hearing of the Maintenance Application No.38 of 2015. He shall proceed to hear the said application only after the Revision Application is disposed of.
If any application is filed by the applicant for DNA test to decide the paternity, the same shall be considered in accordance with law.
With the above, this petition is disposed of. Direct service is permitted.
Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Sep 30 01:28:11 IST 2015 R/SCR.A/5555/2015 ORDER (J.B.PARDIWALA, J.) MOIN Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Sep 30 01:28:11 IST 2015