Kajul Ajij Ajmeri D/O Dilipbhai @ ... vs State Of Gujarat
2025 Latest Caselaw 6364 Guj

Gujarat High Court

Kajul Ajij Ajmeri D/O Dilipbhai @ ... vs State Of Gujarat on 8 September, 2025

                                                                                                                  NEUTRAL CITATION




                            R/SCR.A/12249/2025                                       ORDER DATED: 08/09/2025

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                        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/SPECIAL CRIMINAL APPLICATION (FOR MAINTENANCE) NO.
                                                 12249 of 2025
                      ==========================================================
                        KAJUL AJIJ AJMERI D/O DILIPBHAI @ DILAWARBHAI AJMERI & ANR.
                                                     Versus
                                          STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR O I PATHAN(7684) for the Applicant(s) No. 1,2
                      MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
                      ==========================================================
                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                           Date : 08/09/2025
                                                            ORAL ORDER

[1.0] By way of present petition under Article 226 of the Constitution of India, petitioners have prayed for the following relief:

"YOUR LORDSHIPS may kindly be pleased to quash and set aside judgment and order passed in Exhibit no.03, by the learned Family Court, Ahmedabad in Criminal Misc. Application No.412/2022, dated 09/02/2023, and enchancement of the sentence in the interest of justice;"

[2.0] The petitioners have assailed an order dated 09.02.2023 passed below Exh.3 in Criminal Misc. Application No.412/2022 by the learned Family Court, Ahmedabad, whereby said application is partly allowed and interim maintenance of Rs.3500/- to petitioner No.1 and Rs.1500/- to petitioner No.2 is awarded.

[3.0] Having heard the learned advocate for the petitioners and

NEUTRAL CITATION

R/SCR.A/12249/2025 ORDER DATED: 08/09/2025

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learned APP for respondent No.1 - State and perusing the record, it appears that more than 2 years and 6 months have passed since the date of impugned order and main matter is in progress and hence, question does not arise to enhance the interim maintenance awarded by the impugned order. Hence, no case is made out to entertain the present petition.

[4.0] In wake of above, present petition is disposed of. However, it is kept open for the petitioners to raise all available contentions before the learned Family Court in the proceedings of Criminal Misc. Application No.412/2022 and learned Family Court, Ahmedabad is directed to expedite the proceedings of Criminal Misc. Application No.412/2022 and conclude the same preferably within a period of six months from the date of receipt of the present order independently on its own merits and without being influenced by any of the observations made in the impugned order dated 09.02.2023 strictly on the basis of evidence produced and adduced by both the parties.

[5.0] With aforesaid direction, present petition is disposed of.

(HASMUKH D. SUTHAR, J.)

Ajay