LABHUBHAI BABUBHAI DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr RJ Goswami, learned advocate waives service of notice of rule on behalf of respondent no.2 wife and Ms. Jirga Jhaveri, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent no.1.

(2.) THAT dispute between the husband and wife who have been married since last 15 years created several litigations before different Courts under different statutes. In one of such litigations, the wife i.e. present respondent no.2 lodged a complaint with learned Metropolitan Magistrate, Court No.1, Ahmedabad being Domestic Violence Case No. 1109 of 2010 under the provisions of the Protection of Women from Domestic Violence Act 2005 ( for short 'the Act') against her husband I.e. petitioner no.1, inlaws and other relatives of the husband. Similarly, the wife also filed an application under Section 125 of the Code of Criminal Procedure, 1973 in the court of Family Court No.4, Ahmedabad and prayed for maintenance from her husband.

(3.) IN Criminal Appeal No. 605 of 2012 both the decisions have been challenged before this Court by the petitioner husband.