Amitbhai Bhupatrai Desai vs Charmiben Amitbhai Desai & 3 on 3 February, 2015

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Gujarat High Court

Amitbhai Bhupatrai Desai vs Charmiben Amitbhai Desai & 3 on 3 February, 2015

Bench: S.G.Shah

          R/CR.MA/2412/2015                                       ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      CRIMINAL MISC.APPLICATION (FOR STAY) NO. 2412 of 2015

          In CRIMINAL REVISION APPLICATION NO. 497 of 2014

================================================================
                AMITBHAI BHUPATRAI DESAI....Applicant(s)
                              Versus
             CHARMIBEN AMITBHAI DESAI & 3....Respondent(s)
================================================================
Appearance:
MR RAJESH K SAVJANI, ADVOCATE for the Applicant(s) No. 1
MS JD JHAVERI, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 4
================================================================

          CORAM: HONOURABLE MR.JUSTICE S.G.SHAH

                               Date : 03/02/2015


                                 ORAL ORDER

[1] Heard Mr. Rajesh K. Savjani, learned advocate for the applicant. It is submitted that though impugned order granting interim injunction has been challenged by filing Criminal Misc. Application No.497 of 2014 but since there was some delay and, therefore, Criminal Misc. Application being No.1695 of 2015 is preferred and though this Court has issued notice; on condition that petitioner shall deposit an amount of Rs.15,000/, making it returnable on 25.2.2015, at present, it seems that Family Court, Rajkot has issued warrant of arrest of the present applicant - husband. It is further submitted that if at all husband is arrested for nonpayment of interim maintenance, which is under challenge in main Revision Application, then certainly wife would not be able to Page 1 of 3 R/CR.MA/2412/2015 ORDER get any amount of maintenance and, therefore, when husband is ready and willing to abide by the Court's order to pay reasonable maintenance subject to its confirmation after adjudication of his Revision Application, there is no question of his arrest and keeping him in custody for nonpayment of amount of maintenance.

[2] Learned advocate Mr. Savjani for the applicant has already shown Demand Draft No.986799 dated 3.2.2015 for Rs.15,000/ in favour of Registrar General, High Court of Gujarat in compliance of order dated 29.1.2015 in Criminal Misc. Application No.1695 of 2015.

[3] In view of above facts, circumstances and disclosure, the warrant dated 15.10.20014 issued by the Family Court, Rajkot in Criminal Misc. Application No.590 of 2013 is stayed. Thereby, the concerned police authority should not arrest the applicant till the next date of hearing but on condition that applicant shall deposit Rs.40,000/ on or before returnable date i.e. 27.2.2015 and shall continue to deposit Rs.25,000/ per month thereafter. It is made clear that above amount is to be deposited before this Court and shall be disbursed by this Court only after other side appears before this Court.

[4] Applicant is apprehending disturbance on date of hearing before the Family Court, Rajkot considering his past experience which is pleaded in the petition. In view of such fact, the YADI be forwarded to the Family Court, Rajkot to do the needful to provide proper protection to the applicant herein on Page 2 of 3 R/CR.MA/2412/2015 ORDER every date of hearing. For the purpose, Family Court, Rajkot shall forward a YADI to the Commissioner of Police, Rajkot as well as Rajkot Local Police, Rajkot to do the needful to extend proper protection to the applicant - husband on every date of hearing.

[4] YADI of this order to be forwarded to the Police Commissioner, Mumbai by today itself.

[5]           Direct Service, today, is permitted.  



                                                                 (S.G.SHAH, J.)
VATSAL




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