Gujarat High Court
Yatin Govindbhai Vaya vs Komal W/O Yatin Vaya D/O Rasikbhai ... on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (FOR MAINTENANCE) NO. 86 of
2025
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YATIN GOVINDBHAI VAYA
Versus
KOMAL W/O YATIN VAYA D/O RASIKBHAI THADESHWAR & ANR.
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MS KOMAL H MAJETHIYA(12689) for the Applicant(s) No. 1
MR YASH H JOSHI(6495) for the Respondent(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/09/2025
ORAL ORDER
1. Rule. Mr.Y.H. Joshi waives service of Rule for the
respondent no.1 and learned A.P.P. Mr.H.K. Patel waives
service of Rule for the respondent no.2.
2. When the matter is called out, the learned advocate
for the applicant submitted that as per the directions of
this Court, the present applicant, who is, at present,
residing at Sharjah, U.A.E., has submitted an undertaking
on oath and placed the same on record. As per the said
undertaking submitted before this Court, the applicant
will appear before the learned Family Court, Rajkot in the
NEUTRAL CITATION
R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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proceedings being Criminal Misc. Application No.1417 of
2019 on 26.09.2025.
3. It is submitted that the present revision application
has been preferred by the applicant - husband against
the order dated 20.04.2023 passed by the learned
Principal Judge, Family Court, Rajkot in Criminal Misc.
Application No.1417 of 2019 and in the proceedings
before the learned Family Court, by judgment dated
20.04.2023, the application of the respondent no.1 - wife
filed under Section 125 of the Code of Criminal Procedure
was partly allowed, directing the present applicant -
husband to pay amount of Rs.8000/- per month from the
date of an application i.e. 26.12.2019 and the said
judgment was challenged before this Court. It is
submitted that the matter was proceeded ex-parte before
the learned Family Court as the present applicant was not
duly served as he was permanently residing at Sharjah
and now, he submitted that the matter may be remanded
back to the learned Family Court to decide the case again
on merits by giving an opportunity to the present
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R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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applicant - husband. It is submitted that as the present
applicant has filed undertaking on oath that he will
remain present before the learned Family Court, Rajkot
on 26.09.2025, the judgment and order passed by the
learned Family Court is required to be quashed and set
aside and the matter be remanded back to the learned
Family Court to decide afresh.
4. On the other hand, learned advocate Mr.Yash Joshi
for the respondent no.1 submitted that if some time limit
is prescribed by this Court, then within that time frame, if
the proceedings before the learned Family Court are
completed, the respondent no.1 has no objection if the
matter is remanded back to the learned Family Court and
the judgment is quashed and set aside.
5. Considering the above submissions made by the
learned advocates for the respective parties, without
entering into the merits of the judgment passed by the
learned Family Court, the present revision application is
hereby allowed. The judgment and order dated
NEUTRAL CITATION
R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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20.04.2023 passed by the learned Principal Judge, Family
Court, Rajkot in Criminal Misc. Application No.1417 of
2019 is hereby quashed and set aside.
6. The matter is remanded back to the learned
Principal Judge, Family Court, Rajkot to decide Criminal
Misc. Application No.1417 of 2019 afresh, after giving
reasonable opportunity to the respective parties.
7. Further, as per the undertaking submitted by the
present applicant before this Court, the applicant to
appear before the learned Family Court on 26.09.2025
and the respondent no.1 - wife will also remain present
before the Court on 26.09.2025 and considering the
same, the learned Principal Judge, Family Court need not
to issue any summons or notice to either of the parties, as
both parties undertake to remain present before the
Court on 26.09.2025.
8. After both the parties remain present on 26.09.2025,
the learned Principal Judge, Family Court to decide said
Criminal Misc. Application No.1417 of 2019 afresh
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R/CR.RA/86/2025 ORDER DATED: 12/09/2025
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strictly in accordance with law after giving reasonable
opportunity to both the parties to adduce the
documentary or oral evidence and decide the matter
preferably within 3 months from 26.09.2025. Both the
parties shall fully co-operate with the concerned learned
Family Court.
9. With the above directions, the present revision
application is allowed. Rule is made absolute to the
aforesaid extent.
(L. S. PIRZADA, J)
Hitesh
