LAWS(GJH)-2024-2-56

KHOKHAR BHIKHABHAI Vs. KHOKHAR SANGEETABEN BHIKHABHAI

Decided On February 15, 2024
Khokhar Bhikhabhai Appellant
V/S
Khokhar Sangeetaben Bhikhabhai Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner prays to quash and set aside order dtd. 16/3/2012 passed by the Family Court, Ahmedabad in Criminal Misc. Application No.2094 of 2008 granting maintenance of Rs.1500.00 per month to the respondent No.3 from 28/8/2008 till realization.

(2.) The facts of the case are that the petitioner married to respondent No.1 by so called registered deed on 3/12/2007 and thereafter, they started living together. This is the second marriage of both the parties and respondent Nos.2 and 3 are the son and daughter of the respondent No.1 from her previous marriage. But two months after marriage, both the petitioner and respondent No.1 got separated and thereafter, the respondent No.1 filed aforestated Criminal Misc. Application for maintenance.

(3.) Upon filing of aforestated Criminal Misc. Application, a show cause notice has been issued to the petitioner and the petitioner appeared through advocate and filed reply at Exh.7 and contested the application, whereby he denied marriage with the respondent No.1 herein and also denied relationship with respondent No.1 as husband and wife.