DIXITKUMAR ISHWARBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring present application, applicant has requested to quash and set aside the judgment and order dtd. 17/11/2021 passed by the learned Family Court, Nadiad in Criminal Misc. Application No. 64 of 2021.

(2.) Heard learned advocate for the applicant.

(3.) It was submitted by learned advocate for the applicant that it is not in dispute that applicant was married with the respondent no.2 as per Hindu rites and rituals on 19/6/2019 and out of their wedlock, one daughter namely Krisha was born. That, in the written statement filed by the applicant Ex. 10, it was contended that the applicant is not the legal husband of the respondent-wife, as she was married previously and no divorce was granted to her in accordance with law. That, such fact of previous marriage was suppressed by the respondent- wife. That, maternal uncle of the respondent no.2 is a practicing advocate, and therefore, the brief of the present applicant was not accepted by any advocate practicing at Family Court, Nadiad and hence, no proper opportunity was provided to the present applicant to defend his case, and therefore, it was requested by learned advocate for the applicant to quash and set aside the judgment and order dtd. 17/11/2021 passed by the learned Family Court, Nadiad in Criminal Misc. Application No. 64 of 2021 by allowing present application.