Gujarat High Court
Yatin Govindbhai Vaya vs Komal W/O Yatin Vaya D/O Rasikbhai ... on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 86 of
2025
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YATIN GOVINDBHAI VAYA
Versus
KOMAL W/O YATIN VAYA D/O RASIKBHAI THADESHWAR & ANR.
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MS KOMAL H MAJETHIYA(12689) for the Applicant(s) No. 1
MR YASH H JOSHI(6495) for the Respondent(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/09/2025
ORAL ORDER
1. Rule. Mr.Y.H. Joshi waives service of Rule for the respondent no.1 and learned A.P.P. Mr.H.K. Patel waives service of Rule for the respondent no.2.
2. When the matter is called out, the learned advocate for the applicant submitted that as per the directions of this Court, the present applicant, who is, at present, residing at Sharjah, U.A.E., has submitted an undertaking on oath and placed the same on record. As per the said undertaking submitted before this Court, the applicant will appear before the learned Family Court, Rajkot in the Page 1 of 5 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:39:35 IST 2025 NEUTRAL CITATION R/CR.RA/86/2025 ORDER DATED: 12/09/2025 undefined proceedings being Criminal Misc. Application No.1417 of 2019 on 26.09.2025.
3. It is submitted that the present revision application has been preferred by the applicant - husband against the order dated 20.04.2023 passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc. Application No.1417 of 2019 and in the proceedings before the learned Family Court, by judgment dated 20.04.2023, the application of the respondent no.1 - wife filed under Section 125 of the Code of Criminal Procedure was partly allowed, directing the present applicant - husband to pay amount of Rs.8000/- per month from the date of an application i.e. 26.12.2019 and the said judgment was challenged before this Court. It is submitted that the matter was proceeded ex-parte before the learned Family Court as the present applicant was not duly served as he was permanently residing at Sharjah and now, he submitted that the matter may be remanded back to the learned Family Court to decide the case again on merits by giving an opportunity to the present Page 2 of 5 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:39:35 IST 2025 NEUTRAL CITATION R/CR.RA/86/2025 ORDER DATED: 12/09/2025 undefined applicant - husband. It is submitted that as the present applicant has filed undertaking on oath that he will remain present before the learned Family Court, Rajkot on 26.09.2025, the judgment and order passed by the learned Family Court is required to be quashed and set aside and the matter be remanded back to the learned Family Court to decide afresh.
4. On the other hand, learned advocate Mr.Yash Joshi for the respondent no.1 submitted that if some time limit is prescribed by this Court, then within that time frame, if the proceedings before the learned Family Court are completed, the respondent no.1 has no objection if the matter is remanded back to the learned Family Court and the judgment is quashed and set aside.
5. Considering the above submissions made by the learned advocates for the respective parties, without entering into the merits of the judgment passed by the learned Family Court, the present revision application is hereby allowed. The judgment and order dated Page 3 of 5 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:39:35 IST 2025 NEUTRAL CITATION R/CR.RA/86/2025 ORDER DATED: 12/09/2025 undefined 20.04.2023 passed by the learned Principal Judge, Family Court, Rajkot in Criminal Misc. Application No.1417 of 2019 is hereby quashed and set aside.
6. The matter is remanded back to the learned Principal Judge, Family Court, Rajkot to decide Criminal Misc. Application No.1417 of 2019 afresh, after giving reasonable opportunity to the respective parties.
7. Further, as per the undertaking submitted by the present applicant before this Court, the applicant to appear before the learned Family Court on 26.09.2025 and the respondent no.1 - wife will also remain present before the Court on 26.09.2025 and considering the same, the learned Principal Judge, Family Court need not to issue any summons or notice to either of the parties, as both parties undertake to remain present before the Court on 26.09.2025.
8. After both the parties remain present on 26.09.2025, the learned Principal Judge, Family Court to decide said Criminal Misc. Application No.1417 of 2019 afresh Page 4 of 5 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:39:35 IST 2025 NEUTRAL CITATION R/CR.RA/86/2025 ORDER DATED: 12/09/2025 undefined strictly in accordance with law after giving reasonable opportunity to both the parties to adduce the documentary or oral evidence and decide the matter preferably within 3 months from 26.09.2025. Both the parties shall fully co-operate with the concerned learned Family Court.
9. With the above directions, the present revision application is allowed. Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J) Hitesh Page 5 of 5 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Sep 16 2025 Downloaded on : Tue Sep 16 23:39:35 IST 2025