SEJALBEN TEJASBHAI CHOVATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave to amend to join the husband as respondent No.2 is permitted. To be carried out forthwith.

(2.) At the outset, it is to be mentioned that in this petition, challenge is made to the order dated 6.9.2016 passed by the learned Judge, Family Court below Exh.88 in Criminal Miscellaneous Application No.346 of 2013, attempts were made by the Court to see that the parties can reach to any kind of settlement. However, as the same could not be worked out, both the sides have been heard extensively. The petitioner is the wife, who is married to respondent No.2.

(3.) The petitioner is married to respondent No.2 on 20.11.2008 and a son is begotten out of the said wedlock on 21.12.2010. It is the say of the petitioner that after the birth of the son, the husband got shifted at Jetpur and started residing in a rented premise. He had once again started residing with joint family at Rajkot. The petitioner urged that she was deserted in Aug., 2012 and thereafter she made an application under Sec. 125 of the Code Criminal Procedure by preferring Criminal Miscellaneous Application No.346 of 2013 for herself and her son.