LAWS(GJH)-2023-3-57

RATILAL GANESHBHAI PARMAR Vs. STATE OF GUJARAT

Decided On March 01, 2023
Ratilal Ganeshbhai Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned counsel Mr. Vijay H. Nangesh, Mr. Rakesh Patel for Mr. Amrish Pandya and Mr. L.B. Dabhi, learned APP for the respective parties.

(2.) The applicants are mother-in-law and father-in-law of respondent no. 2 wife. The husband of the respondent no. 2 died in a motor vehicular accident. After sad demise of the husband, it is alleged that, she was subjected to harassment by the applicants. She had preferred application being Cr.M.A. No. 9 of 2013 (Old Case No. 60 of 2012) claiming various reliefs under the provisions of The Domestic Violence Act , 2005, against the present applicants. The application was allowed in part by the learned Judicial Magistrate First Class, Chuda, Surendranagar, vide order dtd. 30/9/2014, directing the applicants to pay monthly maintenance total Rs.4700.00 to the wife and minor children. Dissatisfied with the order, the applicants have preferred Criminal Revision Application No. 19 of 2014, by which, learned 6 th Additional Sessions Judge, Limdi vide its order dtd. 5/3/2015, rejected the application, mainly on the ground that, the Revision is not maintainable as there is a specific provision to file an Appeal against the impugned order.

(3.) Feeling aggrieved and dissatisfied with the order, the instant application has been preferred.