FIROZSHA NUR ALI KADRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Applicant - husband of Respondent No. 2 has filed this Revision Application challenging the Judgment and order dated 25.10.2010 passed by the learned Principal Judge, Family Court, Junagadh, in Criminal Misc. Application (New) No. 482 of 2010, whereby the learned Judge has partly allowed the said application ordering that the applicant - husband shall pay Rs. 1500/- per month to the wife (respondent No. 2) and Rs.700/- per month to the minor son - Respondent No. 3, towards their maintenance. Against the said Judgment and order, the applicant - husband has filed this Revision Application.

(2.) Heard learned Advocate Ms. Kruti Vora, appearing through Legal Aid, for the applicant, learned APP Mr. Pandya for the Respondent No. 1 - State and learned Advocate Ms. Vijayalakshmi for the Respondent No. 2 - wife.

(3.) Learned Advocate Ms. Vora for the applicant states that the Judgment and order passed by the learned Judge is without affording an opportunity to the applicant. She has contended that due to unavoidable circumstance, the applicant could not remain present before the Family Court and even he could not engage lawyer to defend his case. She has contended that the learned Judge should have passed the order after hearing both the sides, but, without considering the facts of the case and without affording an opportunity to the applicant - husband, the learned Judge has passed an ex-parte order. She, therefore, contended that the matter may be remanded to the Family Court for fresh hearing, after affording, opportunity of hearing to both the sides as also to produce documentary evidence.