SARFARAJ ILYASBHAI CHOKSI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Shri Trivedi, learned advocate waives service of Rule on behalf of respondent nos. 2 and 3 and Ms. Shah, learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent State. In the facts and circumstances of the case and with the consent of the learned advocates for the respective parties, application is taken up for final hearing today.

(2.) PRESENT Criminal Revision Application has been preferred by the applicant original opponenthusband challenging the impugned order passed by the learned Additional Judge, Family Court, Vadodara dated 18.1.2012 passed below Exh. 5 passed in Criminal Miscellaneous Application No.366 of 2011 directing the applicant to pay Rs.4000/ per month to the original applicant no.1 wife i.e. respondent no.2 herein and Rs.3000/ per month to the original applicant no.2 minor i.e. respondent no.3 herein towards interim maintenance and has further directed to pay a sum of Rs.3000/ at the first instance to the original applicant no.1 to meet the expenses of the said proceedings.

(3.) IN the facts and circumstances of the case, the learned Judge, Family Court is hereby directed to finally decide and dispose of the Criminal Miscellaneous Application No.366 of 2011 at the earliest but not later than six months from the date of receipt of the present order. All concerned are directed to cooperate the learned Family Court to decide and dispose of the aforesaid Criminal Miscellaneous Application No.366 of 2011 at the earliest and within stipulated as stated hereinabove and if it is found by the learned Family Court that any of the party and / or their advocate has not cooperating, it will be open for the learned Court to proceed further with the hearing of the Criminal Miscellaneous Application No.366 of 2011 after recording the reasons. Rule is made absolute to the aforesaid extent.