SUO-MOTU Vs. VALLABHKUMAR NANJIBHAI KAKADIYA

JUDGEMENT

(1.) Pursuant to order dated 21.11.2019, both the parties are present duly represented by their counsel Shri B.J.Trivedi for the wife - Parulben and Shri Paresh T. Jasani, learned counsel now representing the husband - Vallabhkumar Nanjibhai Kakadiya. Shri Jasani has submitted a Demand Draft of Rs.6,00,000/ ­ (Rupees Six Lacs only) dated 10.12.2019 drawn on Axis Bank, bearing No.010312, drawn in favour of the wife - Parulben Vallabhkumar Kakadiya. This draft may also be retained in safe custody of the Registrar General awaiting further orders that may be passed by this Court.

(2.) Shri Brijesh Trivedi, learned counsel for the wife - Parulben has filed an affidavit ­in ­reply and counter proposal to the affidavit of the sole opponent for permanent settlement. A copy of the same has been served on Shri Jasani, learned counsel for the husband today itself. The said affidavit is taken on record. Shri Jasani, learned counsel for the husband has prayed for three weeks' time to file reply to the aforesaid affidavit.

(3.) Ms.Aishvarya Gupta, learned Assistant Government Pleader has placed the communication from City Mamlatdar, District Bhavnagar dated 05.12.2019. According to the said communication, when the team went to carry out the measurement of property Nos.N/2, N/3, N/4 and N/5 as per our order dated 21.11.2019, two locks were found. One lock was under the orders of the Family Court, Ahmedabad, for which the keys were made available by the Family Court. However, there was no indication as to who had put the second lock. Earlier, there was a seal put by the Municipal Corporation, Bhavnagar, but even the Municipal Corporation's seal is no longer there as apparently the outstanding dues and taxes of the Corporation have since been paid. The administrative authorities approached the Family Court for permission to break open the second lock, but the said permission was denied by the Family Court, Bhavnagar, leaving it open to the administration to approach this Court for appropriate orders.