SHAH YOGESHKUMAR KIRITBHAI Vs. SHAH SONALIBEN YOGESHKUMAR

JUDGEMENT

(1.) The application is filed for early hearing of main matter i.e. Special Criminal Application No. 8097 of 2020 which has challenged the order of Revision Court wherein the final order has been passed on 22/10/2020 wherein the maintenance application filed by the respondent came to be rejected on 4/4/2019 by the learned 3rd Additional Judicial Magistrate First Class, Kalol in Criminal Misc. Application No. 54 of 2014. Against that order the wife was before the Revisional Court and the learned 2nd Additional Sessions Judge, Kalol, was pleased to partly grant the revision application with an order of paying the maintenance amount of Rs.20,000.00 per month to the applicant of Criminal Misc. Application No. 54 of 2014 from the date of application. Let the main matter i.e. Special Criminal Application No. 8097 of 2020 be heard finally today itself.

(2.) Mr. Bhavesh B. Chokshi, learned advocate for the applicant submitted that the revision was filed since the maintenance application was rejected by the learned 3 rd Additional Judicial Magistrate First Class, Kalol. Referring to the Rojnama, learned advocate for the applicant submitted that the proceedings shows that the settlement talks were initiated from 23/12/2019. On 17/2/2020 written argument was produced by the petitioner at Exh.13, and on the same day, vide Exh.14 process was moved for referring the matter to ADR which accordingly came to be allowed.

(3.) Mr. Bharat Shah, learned advocate for the respondent submitted that the purshis which had been produced before the Revision Court declaring the facts of the learned advocate and his staff/colleagues being affected by corona virus was only after the declaration of the order, which, learned advocate Mr. Shah, stated that the same could have been done at the time of hearing of the matter, and as per the proceedings, on the last two adjournments, none appeared to represent the petitioner before the court.