PRAVINABEN SURESHBHAI NAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HAVING regard to the broad consensus arrived at amongst the learned advocates appearing for the respective parties and with their consent, present revision application is taken up for final disposal today. Therefore, Rule.

(2.) LEARNED Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent-State and Mr.Chaitanya Vyas, learned advocate, waives service of notice of Rule on behalf of respondent No.2.

(3.) RELEVANT facts may be noticed at the outset. The applicant No.1 and respondent No.2 are spouses 04th whose marriage was solemnized on August, 1991. The applicant Nos.2 and 3 are the minor sons borne out of wedlock. It appears that the matrimonial dispute having been cropped up, the applicant No.1 filed an application under Section 125 of the Code of Criminal Procedure, 1973 being Criminal Miscellaneous Application No.702 of 2011 before the Family Court, Ahmedabad. In that proceedings, by order below Exhibit 4 the learned 13th Family Court vide order dated July, 2011 below Exhibit 4 passed an order granting interim maintenance of Rs.08,000/- per month to applicant No.1-wife and Rs.05,000/- each per month to the two sons to be paid them from 05th April, 2011. The said order of granting interim maintenance was subjected to challenge in the Criminal Miscellaneous Application No.449 of 2011 before this Court, which came to be withdrawn by the husband resulting into confirmation of of the order of interim maintenance. It appears that the main maintenance proceedings proceeded further thereafter and in course of the impugned order, closing right of the respondent to cross-examine the applicant came to be passed.