Rehana W/O Sufiyan Shaikh D/O Abdulhaq ... vs Sufiyan Abdullah Shaikh
2023 Latest Caselaw 8264 Guj

Gujarat High Court

Rehana W/O Sufiyan Shaikh D/O Abdulhaq ... vs Sufiyan Abdullah Shaikh on 28 November, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                    NEUTRAL CITATION




     R/CR.MA/15519/2023                                ORDER DATED: 28/11/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                        15519 of 2023
                             In
      F/CRIMINAL REVISION APPLICATION NO. 30838 of 2023
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            REHANA W/O SUFIYAN SHAIKH D/O ABDULHAQ ABDULKADIR HAYAT
                                          Versus
                               SUFIYAN ABDULLAH SHAIKH
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Appearance:
MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1
NABILKHAN F YUSUFZAI(8994) for the Respondent(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 2
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                   Date : 28/11/2023
                    ORAL ORDER

1. This application is filed for condoning the delay of 45 days in preferring the Revision Application against the judgment and order dated 06.04.2022 in Criminal Misc. Application No.52 of 2022 passed by the Principal Judge, Family Court at Godhra.

2. When the matter is called out, learned advocate for the applicant is absent. However, considering the delay of being 45 days only and that the applicant before the Court is a lady who has challenged the order in the matrimonial issue, the matter is taken up with the assistance of learned APP. By order dated 04.09.2023, rule has already been issued, however, no one has appeared on behalf of the private respondent.

3. From the pleadings, it appears that the applicant is residing in remote area of Panchmahal and being lady with limited means had to face financial condition before she could

NEUTRAL CITATION

R/CR.MA/15519/2023 ORDER DATED: 28/11/2023

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contact an advocate of this Court at Ahmedabad because of which the delay has occurred.

4. The Court has taken into considerations the pleadings in the application as well as the challenge in the Revision Application against the impugned judgment and order dated 06.04.2023 wherein the maintenance of Rs.2000/- has been awarded for both the petitioner and the minor daughter of the applicant.

5. The ground mentioned in para-4 and 5 pertains to the financial condition of the applicant and her difficulties faced by her before approaching this Court against the impugned judgment and order.

6. Considering the aforesaid and particularly the delay of 45 days not being an inordinate delay being reasonably explained. The application deserves to be allowed. Accordingly, the delay of 45 days is hereby condoned in preferring the Revision Application against the judgment and order dated 06.04.2022 in Criminal Misc. Application No.52 of 2022 passed by the Principal Judge, Family Court at Godhra.

Registry to list the main matter in serietim.

(A.Y. KOGJE, J) Manoj Kumar Rai