UMESHBHAI KANUBHAI TALPADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, petitioner has prayed for following reliefs:

(2.) Heard learned advocate appearing for the petitioner, learned advocate appearing for the respondent No.2 and learned APP appearing for the respondent-State.

(3.) It is submitted by learned advocate appearing for the petitioner that in Recovery Application i.e. Criminal Misc. Application No.322 of 2020 preferred by the respondent No.2, arrest warrant was issued by the court below, which is erroneous and illegal. That during the pendency of the proceedings before the trial court, divorce decree was passed by the competent Court in favour of the present petitioner, which is challenged by the respondent-wife. That present petitioner has no means to pay the amount of the maintenancne granted to the respondent No.2, and therefore, the orders passed by the trial court issuing arrest warrant against the present petitioner is erroneous and illegal, and therefore, it is requested by learned advocate appearing for the petitioner to allow this petition and quash and set aside aside the orders passed by trial court in Criminal Misc. Application No.322 of 2020 in Criminal Misc. Application No.135 of 2014.