RAJESHBHAI RASIKBHAI VITTHALANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India read with Sec. 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as 'the Code') wherein the petitioner has prayed that the order dtd. 7/12/2021 passed by the Family Court at Rajkot below application Exh.42 filed in Criminal Miscellaneous Application No.1204 of 2019 and Criminal Miscellaneous Application No.1248 of 2019 be quashed and set aside. The petitioner has also prayed that the concerned Court be directed to conduct the inquiry against respondent no.2 as per the provisions contained in Sec. 340 of the Code.

(2.) Heard learned advocate Mr.Nangesh for the petitioner and learned APP Mr.Raval for the respondent-state.

(3.) Learned advocate for the petitioner referred the averments made in the memo of the petition and thereafter contended that the respondent no.2 herein has filed Criminal Miscellaneous Application No.946 of 2014 against the petitioner under Sec. 125 of the Code. The concerned Family Court vide order dtd. 20/4/2018 partly allowed the said application whereby direction was given to the present petitioner-husband to pay Rs.12,000.00 per month to the respondent no.2-wife from the date of filing of the application i.e. 21/11/2014, copy of the said order is placed on record at page no.23 of the compilation. It is submitted that the respondent-wife filed application against the said order for enhancement of the amount of maintenance and the present petitioner also filed application challenging the order dtd. 20/4/2018 passed by the concerned Family Court, before this Court. It is submitted that this Court vide order dtd. 9/10/2018, rejected the both the applications. Copy of the said order is placed on record at page no.56 of the compilation.