LAWS(GJH)-2023-3-446

ZULFIQAR JAVEDHUSAIN NAYANI Vs. SAMIRA ZULFIQAR NAYANI

Decided On March 02, 2023
Zulfiqar Javedhusain Nayani Appellant
V/S
Samira Zulfiqar Nayani Respondents

JUDGEMENT

(1.) By way of the present application, the applicant challenges the ex-parte order dtd. 4/4/2019 passed by the learned Family Court, Bhavnagar in Criminal Misc. Application No.105 of 2019.

(2.) Mr.Alinavaz Vakil, learned advocate for the applicant submits that the learned Family Court has failed to appreciate the income of the applicant and passed the order of maintenance and directed to the petitioner to pay Rs.5,000.00 per month to the respondent - wife.

(3.) On the other hand, Advocate Mr.Joshi submitted that the mother of the applicant has knowledge of the pendency of the matter, and the summons was regularly served in accordance with the provisions under the Criminal Procedure Code . Hence, the order could not be termed as ex-parte.