MANOJBHAI ARVINDBHAI LAKHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate for the applicant. The applicant, opponent in Criminal Miscellaneous Application No.83 of 2012 before the Principal Judge, Family Court, Rajkot has approached this Court by way of this application under Section -482 of the Criminal Procedure Code with following prayers.

(2.) THE facts, as could be gathered from the memo application requiring appreciation of controversy, deserve to be set -out as under.

(3.) THE applicant married the respondent no.2 on 11th July, 2008 and out of said wedlock, a male child was born on 28th July, 2010. The wife had tumor in her stomach and this fact was not disclosed to the husband. On account of this factor, the respondent -wife was not keeping well and was suffering from various complaints like diarrhea, giddiness, vomiting and was running fever, which naturally made her activities slow and sluggish. The wife was as per the say of the applicant not happy with the relationship and the husband tolerated wife for about 3 years and 11 months at the cost of his health, limited wealth and peace of mind. The following averments made on oath in the application deserves to be set -out in order to depict the correct feeling of the husband.