LAWS(GJH)-2023-6-1813

DIVYESH DINESHCHANDRA MASHRUWALA Vs. STATE OF GUJARAT

Decided On June 23, 2023
Divyesh Dineshchandra Mashruwala Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this application, the main prayer is made to stay the implementation and execution of the order dtd. 5/1/2023 passed by the learned 3 rd Additional Sessions Judge, Surat in Criminal Appeal No.255 of 2022 as also the order dtd. 20/4/2022 passed by the learned Judicial Magistrate First Court, (Municipal) Court, Surat in Criminal Miscellaneous Application No.13 of 2021 and also to stay the further proceedings of Criminal Miscellaneous Application No.13 of 2021.

(2.) Heard learned Advocate for the applicant, who has referred to the decision of the Hon'ble Apex Court in the case of D. Velusamy v. D. Patchaimmal reported in 2010 (10) SCC 469 to submit that the nature of relation between the parties were not in the nature of marriage and that the relationship in the nature of marriage is akin to a common law marriage which inter alia requires that the parties must have voluntarily cohabited and held themselves out to the world as being akin to spouses for significant period of time. It is further submitted that the Legislature has used the expression 'relation in the nature of marriage and not 'live-in relationship' under the Protection of Women from Domestic Violence Act , 2005.

(3.) The order of the learned Judicial Magistrate First Court, (Municipal) Court, Surat on 20/4/2022 in Criminal Miscellaneous Application No.13 of 2021 allowed the Application - Exhibit 4 of the applicant therein (the respondent No.2 herein) and rejected the Application - Exhibit 17 of the respondent therein (the applicant herein). The said order was challenged before the learned 3rd Additional Sessions Judge, Surat in Criminal Appeal No.255 of 2022 where the Appeal came to be dismissed vide order dtd. 5/1/2023 passed in Criminal Appeal No.255 of 2022. Against these orders, the present Criminal Revision Application has been filed specifically stating that the relationship was not in the nature of marriage.