Gujarat High Court
Khatri Bhaveshkumar Babulal vs Rajshree D/O Vinodbhai Khamar W/O ... on 8 February, 2016
Author: J.B.Pardiwala
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
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KHATRI BHAVESHKUMAR BABULAL....Applicant(s)
Versus
RAJSHREE D/O VINODBHAI KHAMAR W/O KHATRI BHAVESH BABULAL &
2....Respondent(s)
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Appearance:
MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1
MR KUBERSINH CHAUHAN, ADVOCATE for the Respondent(s) No. 1 - 2
MR HK PATEL, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/02/2016
ORAL ORDER
1. On 11th January, 2016, the following order was passed.
"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. Vaibhav Vyas, the learned advocate appearing on behalf of the Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Feb 09 02:29:37 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."
2. On 27th January, 2016, the following order was passed.
"1. Pursuant to the order passed by this Court dated 11th January,2016, the Additional Amount of Rs.25,000/ has been deposited by the applicant towards the arrears of maintenance with the Registry of this Court. A receipt in this regard dated 25th January, 2016 is produced today. The same is ordered to be taken on record. Since the condition imposed by this Court has been complied with, the petitioner shall continue to remain on bail. I am told that the parties are negotiating to arrive at an amicable settlement.
2. Let this matter appear on 5th February, 2016. Further orders shall be passed on 5th February, 2016.
3 Let the matter appear on top of the board."
3. I tried my best to persuade the husband to reunite with the wife and minor son. However, my efforts failed. The husband made himself very clear that in any circumstances, he will not be able to live together with the wife although he has feelings for his minor son. The wife Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Feb 09 02:29:37 IST 2016 R/SCR.A/7674/2015 ORDER expressed her desire to join the husband, provided the husband assures the Court that he would treat her with respect.
4. In such circumstances, reunion is now out of question. The petitioner is on bail. I propose to continue him on bail for a further period of three weeks since a statement is being made that he would deposit Rs.25,000/ towards arrears of maintenance within this period of three weeks. If the amount of Rs.25,000/ is deposited by the petitioner within three weeks with the Registry of this Court, then it shall be open for the wife to withdraw the same. Let this matter be notified on 01.03.2016.
It is clarified that if the amount of Rs.25,000/ is not paid within a period of three weeks from today, the bail will stand automatically cancelled.
(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Feb 09 02:29:37 IST 2016