Manharbhai Gulabbhai Bariya vs State Of Gujarat
2023 Latest Caselaw 8413 Guj

Gujarat High Court

Manharbhai Gulabbhai Bariya vs State Of Gujarat on 5 December, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                  NEUTRAL CITATION




     R/CR.MA/19299/2022                              ORDER DATED: 05/12/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                          19299 of 2022
      In R/CRIMINAL REVISION APPLICATION NO. 1141 of 2022
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                          MANHARBHAI GULABBHAI BARIYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. RAHIL P JAIN(7305) for the Applicant(s) No. 1
MR. HARDIK MEHTA, APP, for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 3
SHIVANI R MODI(9280) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                                Date : 05/12/2023
                                 ORAL ORDER

1. This application is filed by the applicant for condonation of delay of 99 days caused in filing the Criminal Revision Application against judgment and order dated 27.08.2021 passed in Criminal Misc. Application No.66 of 2019 by the Principal Judge, Family Court, Godhra.

2. Learned advocate for the applicant submitted that before the Family Court there were two proceedings, one of the proceedings filed by the present applicant (husband) was under Section 9 for restitution of conjugal rights, which is allowed in favour of the applicant despite the respondent-wife is not joining the matrimonial home of the applicant. The present application is pertaining to the grant of maintenance and as the matter is still alive between the parties who are husband and wife, the delay has been explained in paras-2 and 3 of the application.

NEUTRAL CITATION

R/CR.MA/19299/2022 ORDER DATED: 05/12/2023

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3. When the matte is called out, learned advocate for the respondent No.2 is absent.

4. Considering the fact that the issue is pertaining to a matrimonial dispute and maintenance where the applicant is the husband and respondent is wife and there are other proceedings which are pending, the applicant is pursuing his legal remedy. In that view of the matter, the delay of 99 days not being an inordinate delay, right to sue subsists in the applicant. Hence, the application is hereby allowed. The delay of 99 days caused in filing the Criminal Revision Application against judgment and order dated 27.08.2021 passed in Criminal Misc. Application No.66 of 2019 by the Principal Judge, Family Court, Godhra is hereby condoned.

(A.Y. KOGJE, J) SIDDHARTH