Samir Ashokkumar Dodiya vs State Of Gujarat
2023 Latest Caselaw 817 Guj

      R/CR.RA/319/2022                                 ORDER DATED: 01/02/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION NO. 319 of 2022

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                         SAMIR ASHOKKUMAR DODIYA
                                  Versus
                             STATE OF GUJARAT
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Appearance:
MR YASH H JOSHI(6495) for the Applicant(s) No. 1
MAULIK H VAGHELA(7810) for the Respondent(s) No. 2
MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                            Date : 01/02/2023

                              ORAL ORDER

[1] This revision application is filed by the petitioner - husband challenging an order passed by the Judge, Family Court No.5, Ahmedabad dated 11.1.2022 in Criminal Misc. Application No.2787 of 2016, whereby he is directed to pay maintenance to the respondent - wife at the rate of Rs.10,000/- p.m. from 18.11.2016. When the said matter came up for hearing before this Court, vide order dated 29.03.2022, the petitioner - husband submitted that there is an arrears of Rs.5 lakh, out of which, Rs.1,50,000/- was already deposited towards the interim maintenance and shown willingness to deposit further Rs.1 lakh, which he deposited subsequently.

[2] However, the respondent - wife has also challenged the very same judgment and order and prayed for enhancement of the maintenance. It is submitted by the learned advocate representing the wife that despite the order

R/CR.RA/319/2022 ORDER DATED: 01/02/2023

passed by this Court dated 24.11.2022 directing the petitioner

- husband to deposit Rs.2,50,000/- i.e. remaining amount of arrears, the petitioner - husband failed to deposit the same. Learned advocate for the respondent - wife further submitted that for the recovery of the amount, a non-bailable warrant has come to be issued against the petitioner - husband.

[3] Since the petitioner - husband has not followed the order passed by this Court directing him to deposit the remaining amount of arrears calculated by him and in this revision application he has challenged an order of maintenance where he cannot be heard to say that his revision be heard, despite non-bailable warrant is issued against him for recovery of maintenance amount and yet not served, this revision application stands disposed of for non fulfillment of the order passed by this Court and when non-bailable warrant for recovery of amount of maintenance is issued against him.

[4] Therefore, this revision application at instance of defaulter husband without complying order or service of non- bailable warrant cannot be heard. Hence, it is rejected.

Notice is discharged.

(UMESH A. TRIVEDI, J.) Lalji Desai