Khatri Bhaveshkumar Babulal vs Rajshree D/O Vinodbhai Khamar W/O ... on 11 January, 2016

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Gujarat High Court

Khatri Bhaveshkumar Babulal vs Rajshree D/O Vinodbhai Khamar W/O ... on 11 January, 2016

Bench: J.B.Pardiwala

                    R/SCR.A/7674/2015                                                 ORDER




                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             SPECIAL CRIMINAL APPLICATION (MAINTAINANCE) NO. 7674 of 2015

         ==========================================================
                  KHATRI BHAVESHKUMAR BABULAL....Applicant(s)
                                      Versus
         RAJSHREE D/O VINODBHAI KHAMAR W/O KHATRI BHAVESH BABULAL &
                                2....Respondent(s)
         ==========================================================
         Appearance:
         MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1
         MR KUBERSINH CHAUHAN, ADVOCATE for the Respondent(s) No. 1 - 2
         MR JK SHAH, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 3
         ==========================================================

                    CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
          
                                          Date : 11/01/2016 
                                            ORAL ORDER

1. On 28th December, 2015, the following order was passed.

"NOTICE, returnable on 11TH JANUARY, 2016.

In the meantime, with a view to see that the wifeRespondent No.1 and the son Respondent No.2, herein respectively, are not deprived of the maintenance, if, the petitioner deposits a further sum of Rs.25,000/, he be released on temporary bail so as to see that he can arrange for remaining amount towards maintenance, as he is only a small vendor and not a salaried person. List the matter before the regular Court, on 11.01.2016."

2. I am told that the petitioner has deposited a sum of Rs.25,000/ with the Registry of this Court. The Court below has released the petitioner on bail subject to certain terms and conditions. The outstanding towards the arrears of maintenance is about Rs.2,75,000/.

3. Mr. Vaibhav Vyas, the learned advocate appearing on behalf of the Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Jan 13 02:07:03 IST 2016 R/SCR.A/7674/2015 ORDER petitioner submitted that his client will deposit a further amount of Rs.25,000/ within a period of two weeks from today with the Registry of this Court. He submitted that on such condition his client may be permitted to remain on bail.

4. The amount of Rs.25,000/ which has already been deposited by the petitioner before the Registry, shall be handed over to the respondent No.1 Rajshree Vinodbhai Khamar by Account Payee Cheque drawn in her name after proper identification. It is clarified that if an additional amount of Rs.25,000/ is not deposited by the petitioner within a period of two weeks from today before this Court, then the bail shall automatically get cancelled. The petitioner shall surrender before the Court concerned who in turn shall take him into the custody.

5. Mr. Vyas submitted that his client is ready and willing to settle the dispute with the respondent no.1. This aspect will be considered after two weeks. Let this matter appear on 27.01.2016 on top of the board.

Direct service is permitted.

(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Jan 13 02:07:03 IST 2016

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