JITENDRAKUMAR AMBALAL KONDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It is required to be noted that on 31/7/2025, an advocate's notice was issued to the applicant, as his earlier advocate had been appointed as a Public Prosecutor. Though served, none appears for the applicant. Therefore, it clearly appears that the applicant is not interested in prosecuting the present matter. Hence, in view of the judgment of the Hon 'ble Apex Court in the case of Taj Mohammad v. State of Uttar Pradesh, decided on 11/8/2023 in Criminal Appeal No.2421 of 2023, this Court has considered the averments made in the application as well as the material placed on record and has proceeded to decide the matter in the absence of the applicant based on available material on record.

(2.) By way of the present application, the applicant has requested this Court to quash and set aside the judgment and order dtd. 18/1/2014 passed by the learned Family Court No.1, Ahmedabad in Criminal Misc. Application No.1202 of 2013.

(3.) It is the case of the applicant that the marriage between the petitioner and respondent No. 1 was solemnized on 3/3/2002 according to Hindu rites and rituals, and out of the said wedlock, respondent Nos. 2 and 3 were born. According to the petitioner, initially the matrimonial life of the parties was cordial; however, with the passage of time, respondent No. 1 started quarrelling with the petitioner and his family members on trivial issues. It is the case of the petitioner that despite his efforts to maintain the matrimonial relationship and provide all necessary facilities, respondent No. 1 left the matrimonial home on 26/8/2007 and thereafter filed Criminal Misc. Application No. 2934 of 2007 seeking maintenance. The said application came to be partly allowed by the learned Court vide order dtd. 14/5/2013, whereby maintenance of Rs.2,500.00 per month was awarded to respondent No. 1, Rs.2,000.00 per month to respondent No. 2 and Rs.1,500.00 per month to respondent No. 3 from the date of filing of the application, along with Rs.1,000.00 towards costs. Thereafter, respondent Nos. 1 to 3 filed Criminal Misc. Application No. 1202 of 2013 under Sec. 125(3) of the Code of Criminal Procedure, 1973 for recovery of arrears of maintenance, and by the impugned order dtd. 18/1/2014, the learned Family Court, Ahmedabad directed the petitioner to undergo simple imprisonment for 660 days. It is the case of the petitioner that he has been in judicial custody since the passing of the said order.