Tejaskumar Alpeshbhai Raval vs State Of Gujarat
2021 Latest Caselaw 4111 Guj

         R/CR.RA/1159/2018                                  ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 1159 of 2018

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                      TEJASKUMAR ALPESHBHAI RAVAL
                                 Versus
                       STATE OF GUJARAT & 1 other(s)
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Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MS SHEEJA G NAYAR(5458) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE S.H.VORA

                              Date : 12/03/2021

                               ORAL ORDER

1. With the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today.

2. By way of present Criminal Revision Application, the applicant has made following prayer in terms of para 7(C):-

"YOUR LORDSHIP MAY BE PLEASED to call for the record and proceedings of the Ld. Court below and after perusing the same, be pleased to quash and set aside the judgments and orders of Maintenance passed below Exh.77 in Criminal Misc. Application No.1952/2015 by the Ld. Family Court No.3, dated 18.7.2019, in the interest of justice."

3. Heard learned advocates appearing for the respective parties.

R/CR.RA/1159/2018 ORDER

4. The short issue for consideration of disposal of this Criminal Revision Application is such that the Court is justified in passing the impugned order without issuing notice to the applicant after transfer of proceedings as per Rojkam dated 26.3.2018. It seems that the proceedings initiated by the respondent wife u/s 125 of the Code of Criminal Procedure, 1973 (for short "Code") came to be transferred from Court No.2 to Court No.3 and after transfer, before listing of the matter before Court No.3, no any notice has been issued to the applicant husband and impugned order has been passed. It is the practice of the Court that as and when any matter is transferred from one Court to another Court, the Court is required to give notice to the party. No such procedure is followed by the learned trial Court and therefore, on this count only, the impugned order requires to be quashed and set aside.

5. In the result, present Criminal Revision Application is hereby allowed and the impugned order is hereby quashed and set aside with direction to the learned trial Judge to rehear the matter afresh at the stage when it came to be transferred to Court No.3 and pass appropriate order after hearing both the parties. Both the parties are directed to appear before the Court concerned for further hearing of the matter on 31.3.,2021 and the Court concerned shall fix the schedule of further proceedings in the matter as per Court's conveniency. Pending hearing of the proceedings u/s 125 of the Code, the applicant husband shall pay the maintenance amount as per the impugned order as an interim maintenance amount and the payment of maintenance amount, as may be

R/CR.RA/1159/2018 ORDER

made by the applicant husband, shall remain subject to outcome of the proceedings filed u/s 125 of the Code.

6. It is made clear that this Court has not examined the impugned order on its merits and therefore, all the contentions of both the sides are kept open to be agitated before the Court before whom the proceedings are pending and to be conducted further in accordance with law.

7. In the meantime, if any recovery proceedings are initiated by the respondent wife, the Court concerned shall proceed further in accordance with law.

8. Rule is made absolute to the aforesaid extent. Direct service permitted.

(S.H.VORA, J) SHEKHAR P. BARVE