MOHSIN A. KADAR SHEKH Vs. SAMINABEN MOHSHIN SHEKH

JUDGEMENT

(1.) By way of present application, the applicant has prayed to quash and set aside judgment and order dtd. 18/10/2022 passed by the learned Additional District and Sessions Judge, Junagadh at Keshod in Criminal Revision Application No.1 of 2021.

(2.) Heard learned advocates for the respective parties as well as learned APP for the respondent - State.

(3.) Learned advocate Mr. Hiren Modi for the applicant submits that the learned Judge has committed an error while granting the maintenance of Rs.5,000.00 to respondents without hearing the present applicant. He also submits that there is no malafide reason for not remaining present before the learned Sessions Court. The applicant could not remain present before the Sessions Court as the father of the applicant was having very ill health and has to take care of him continuously. He also submits that during the entire period of Revision Application filed and decided on 18/10/2022, the father of the applicant has to undergo the medical treatment and ultimately he died on 26/9/2022. He also submits that applicant is doing labour work only and hardly able to earn Rs.6,000.00 per month. In such circumstances, he is unable to pay Rs.5,000.00 to the respondents. He also submits that the learned Judge failed to appreciate the fact that the respondent no.1 has deserted the applicant and the applicant has time and again requested the respondent no.1 to come back but she was not ready to come to the applicant. Hence, it is requested by learned advocate for the applicant to allow this application by quashing and setting aside the judgment and order dtd. 18/10/2022 passed by the learned Additional and Sessions Judge, Junagadh at Keshod in Criminal Revision Application No.1 of 2021.