CHHAYABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this petition, the petitioner has prayed for the following reliefs:

(2.) Heard learned advocate for the petitioner as well as learned advocate for the respondent.

(3.) Learned advocate for the petitioner submits that in Criminal Misc. Application No. 2 of 2020, the respondent no. 2-husband shown his willingness to deposit Rs.60,000.00 as part arrears amount of maintenance, and therefore, vide order dtd. 26/2/2020, the Court granted permission to seek adjournment before the learned Family Court, Surendranagar in Criminal Misc. Application No. 3 of 2020 filed for recovery of maintenance and fixed the matter on 4/3/2000. It is further submitted that she had contacted learned advocate to appear and accordingly, on 4/3/2020, learned advocate had appeared on her behalf, but by inadvertence, some miscommunication between herself and her advocate, unfortunately, statement was recorded that she would not press the execution proceedings before the learned Family Court till the next date of hearing and it is how the order to that effect was passed by the Court and kept the matter on 18/3/2020. It is further submitted that due to pandemic situation of Covid-19 virus, the petitioner could not contact her advocate and on 18/3/2020, the matter was adjourned to 8/4/2020 and order dtd. 4/3/2020 passed in Criminal Misc. Application No. 2 of 2020 was ordered to be continued. It is further submitted that she filed application for recovery of maintenance and respondent no. 2 has not deposited single penny and has filed an application for an adjournment before the learned Family Court, Surendranagar. Hence, it is requested by learned advocate for the petitioner to allow this petition.