RAJENDRABHAI VIRJIBHAI MAVADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition is filed for the purpose of seeking quashing and setting aside the judgment and order dated 30.7.2012 passed in Criminal Misc. Application No.224 of 2007 by the learned JMFC, Mangrol, as also the judgment dated 21.7.2011 passed by the learned Additional Sessions Judge, Junagadh in Criminal Revision Application No.99 of 2010.

(2.) While challenging the said concurrent decisions, the petitioner has brought the case on premise that on 13.4.2007, marriage between the petitioner and respondent No.2 came to an end by virtue of execution of divorce deed. It was the case of the petitioner that said deed contains full and final compensation which has been arrived at and paid by the petitioner. It has been stated that on 27.11.2007, immediately thereafter by suppressing the fact of divorce deed, an application for seeking maintenance came to be filed by respondent No.2. On 10.6.2010, vide Exh.22 the petitioner has filed detailed reply before the learned Magistrate and by opposing the application for maintenance, it has been stated that overall settlement had already taken place wherein, as a full and final settlement amount has already been determined not only with respect to the petitioner but for children as well and therefore, contended before the Court below that respondent No.2 is not entitled to seek any maintenance further. The petitioner's case is that despite the aforesaid fact having been brought to the notice of the learned Magistrate, vide order dated 30.7.2010, the learned Magistrate was pleased to order an amount of maintenance and ordered to pay Rs.3000/ - per month to respondent No.1, namely, wife and Rs.2000/ - p.m. for original applicant No.2 - minor Surbhi and also amount of Rs.2000/ - is ordered to be paid to original applicant No.3, who is also a minor son and therefore, has awarded a total sum of Rs.7000/ - per month from the date of application to be paid continuously and Rs.500/ - is awarded by way of cost while passing said order.

(3.) It is this judgment and order dated 30.7.2010 was made the subject matter of Criminal Revision Application No.99 of 2010 filed before the learned Sessions Judge, Junagadh, inter - alia, reiterating that by virtue of divorce deed, every right is extinguished by way of volition and therefore, none of the applicants are entitled to seek any maintenance. The detailed adjudication has already been taken place by leading evidence before the learned Magistrate and therefore, in Revision the petitioner has contended that gross material irregularity is committed and requested the learned Sessions Judge to set aside the order passed by the learned Magistrate in exercise of revisional jurisdiction. The said Revision Application came up for consideration before the learned 6th Ad -hoc Additional Sessions Judge, Junagadh in the month of July,2011 and vide order dated 21.7.2011, said Revision Application came to be dismissed and by virtue of which, the order passed by the learned Magistrate came to be confirmed. It is this order as also the order of learned Magistrate are made the subject matter of the present petition by invoking jurisdiction of this Court under Article 227 of the Constitution of India and in the background of this fact, the present petition is taken up for hearing.