JESALBEN SUDHENDU PATNI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of the respondent no.1 and learned advocate Mr. Maulik Soni waives service of notice of rule for and on behalf of the respondent no.2.

(2.) By way of present application, applicant ha requested to quash and set aside the judgment and order dtd. 3/3/2021 passed by learned Judge, Family Court No.5, Ahmedabad in Criminal Misc. Application No. 114 of 2018.

(3.) Brief facts of the present case are that initially the matter of maintenance under Sec. 125 of the Code of Criminal Procedure was filed before the competent court at Porbandar but the same was dismissed for non prosecution on 28/8/2017. The applicant came to know about such dismissal and applied for certified copy on 8/1/2018 and thereafter, applicant present application for restoration along with delay condonation application on 27/3/2018 and the learned Principal Judge, Family Court has ordered to register the said application on 27/3/2018. The delay condonation application was tendered with the request to condone the delay of 7 months. During that period of the matter remained pending there and on 16/10/2018, the matter was ordered to be transferred to learned Family Court, Ahmedabad to Family Court, Porbandar by order below Special Civil Application (Transfer) No. 815 of 2018. The matter was ultimately transferred on 16/10/2018 and remained pending up to 3/3/2021 and on the same day the delay condonation application was rejected and being aggrieved by the same, applicant has approached this court.