Dharmesh Lilabhai Gol vs State Of Gujarat
2022 Latest Caselaw 7831 Guj

     R/CR.RA/1522/2019                                ORDER DATED: 12/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1522 of 2019
                               With
         CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2021
                                 In
          R/CRIMINAL REVISION APPLICATION NO. 1522 of 2019
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                         DHARMESH LILABHAI GOL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
Sr. Advocate Mr. S. I. Nanavati appearing with Ms. Janki Jadeja for
NANAVATI & NANAVATI(1933) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2,3
MR ATIT D THAKORE(5290) for the Respondent(s) No. 2,3
MS M. H. BHATT, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

                              Date : 12/09/2022

ORAL ORDER

IN CRIMINAL REVISION APPLICATION

1. The applicant has challenged the impugned judgment and order dated 19.09.2019 passed by the learned Principal Judge, Family Court No.1, Ahmedabad in Criminal Misc. Application No. 3828 of 2018.

2. The case of the applicant is that without serving any notice to the present applicant, learned Family Court has passed an order of awarding maintenance to the tune of Rs.5,000/- each to respondent nos.2 and 3. It is further case of the applicant that applicant has never refused any notice and he was not staying at the address mentioned in the RPAD slip. It is further submitted that the applicant has started spiritual life

R/CR.RA/1522/2019 ORDER DATED: 12/09/2022

from 21.06.2015 and subsequently, he has left for Hari Krishna movement and he is passing his life by his own. That no opportunity was given to the present applicant to defend his case. That, he is unable to maintain himself, and therefore, not in a position to pay any maintenance amount.

3. Heard learned advocates for the respective parties.

4. While raising preliminary contention in the present Criminal Revision Application, learned Senior Counsel Mr. S. I. Nanavati appearing with learned Advocate Ms. Janki Jadeja for the applicant submitted that the applicant has never refused to any notice and he was not staying at the address mentioned in the RPAD slip. It is submitted that he was not properly served and no notice is served to the present applicant. It is also submitted that no opportunity was given to the present applicant to defend his case.

5. Having heard learned advocates on both the sides and having perused material on record as well as the impugned order, rojkam of proceeding of Criminal Misc. Application No. 3828 of 2018 drawn before the Family Court, Ahmedabad, it transpires that the notice was not properly served to the applicant and the applicant has never refused to any notice. It is also observed by the lower court that the applicant is not staying at the

R/CR.RA/1522/2019 ORDER DATED: 12/09/2022

address mentioned. It also appears that the applicant was not heard before the learned lower Court. In my opinion the applicant should be heard properly by the learned Family Court, Ahmedabad and he also assured this Court that he will remain present/ appear before the learned Family Court, Ahmedabad in Criminal Misc. Application No.3828 of 2018.

6. In view of the above, the impugned order dated 19.09.2019 below Exh.21 passed by the learned Principal Judge, Family Court No.1, Ahmedabad in Criminal Misc. Application No.3828 of 2018 is quashed and set aside. The proceedings of Criminal Misc. Application No.3828 of 2018 are remitted de novo to the learned Principal Judge, Family Court, Ahmedaabd for holding a fresh trial and decide the same in accordance with law, by giving full opportunity to the respective parties. The proceedings be decided within a period of three months from today.

7. In view of the aforesaid observations, present Criminal Revision Application stands allowed. Rule is made absolute. Direct service is permitted today.

ORAL ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2O21

In view of the order passed today in main Criminal

R/CR.RA/1522/2019 ORDER DATED: 12/09/2022

Revision Application, present Criminal Misc. Application does not survive and accordingly stands disposed of.

(SAMIR J. DAVE,J) MEHUL B. TUVAR