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Dharmendrakumar Mansukhbhai … vs Surekhaben Rayjibhai Panchal W/O … on 17 February, 2020

R/CR.RA/227/2020 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION NO. 227 of 2020

DHARMENDRAKUMAR MANSUKHBHAI PANCHAL
Versus
SUREKHABEN RAYJIBHAI PANCHAL W/O DHARMENDRABHAI
MANSUKHBHAI PANCHAL

Appearance:
MR. ALKESH N SHAH(3749) for the Applicant(s) No. 1,2,3,4,5
for the Respondent(s) No. 1
MS.MAITHLI MEHTA APP(2) for the Respondent(s) No. 2

CORAM: HONOURABLE MR.JUSTICE B.N. KARIA

Date : 17/02/2020

ORAL ORDER

[1] The applicants have challenged the order dated
07.12.2019 passed by the learned Additional Sessions Judge,
Mahisagar at Lunavada in Criminal Appeal No.16 of 2019, wherein
the learned Sessions Judge directed the opponent No.1 – husband
to pay Rs.15,000/- towards compensation against the violence
committed by the present applicants – original opponents within the
period of six months and also to pay Rs.5,000/- per month towards
maintenance to the present respondent No.1 – wife from the date
of application i.e. 21.09.2014 and shall continue to pay regularly
and also directed the present applicant No.1 – husband to provide 2
BHK flat to the respondent No.1 – wife at Lunawada city area with
all the amenities within a period of three years from the date of this
order and it is also clarified that till the said 2 BHK flat be provided
by the present applicants – opponents to the present respondent
No.1, the present applicant – husband has to pay Rs.2500/- per
month as rent to the present respondent No.1 regularly till 2 BHK
flat is provided.

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R/CR.RA/227/2020 ORDER

[2] Heard learned advocates appearing on behalf of the
respective parties.

[3] Mr. Alkesh Shah, learned advocate for the applicants –

opponents has submitted that the marriage span of the present
applicant No.1 and respondent No.1 was only one month and 15
days, therefore, there was no possibility to harass the respondent
No.1 by the present applicants. He further submitted that after
some time, the respondent No.1 has filed a Criminal Case against
the present applicants for the commission of offence punishable
under Sections 498A 114 of the Indian Penal Code and under
Sections 3 and 7 of the Dowery Prohibition Act being Criminal Case
No.232 of 2014 before the learned Magistrate, Bakor, wherein the
learned Magistrate has acquitted the present applicants by order
dated 30.04.2019. He has further submitted that the respondent
No.1 took admission in B.Ed after completion of M.A and for that,
fess of Rs.70,000/- has also been paid by her father-in-law i.e.
present applicant No.2 and thereafter, second term fees of
Rs.70,000/- has also been paid by the father-in-law. He further
submitted that she has solemnized marriage on 21st May, 2009 with
the present applicant No.1 and she has left his house in August,
2009, and thereafter, she was residing at her parental home, and
no complaint as regards to harassment was filed by her. He further
submitted that learned trial Court has rightly dismissed the
Criminal Misc. Application No.126 of 2014 preferred by the
respondent No.1 – wife under the provisions of the Protection of
Women from Domestic Violence Act, 2005. Therefore, he has urged
before this Court that the learned Sessions Court has committed
error while passing the order dated 07.09.2019, which requires
consideration.

[4] Rule. Learned APP waives service of notice of rule for

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R/CR.RA/227/2020 ORDER

and on behalf of respondent – State.

[5] The impugned order dated 07.12.2019 passed by the

learned Additional Sessions Judge, Mahisagar at Lunavada in
Criminal Appeal No.16 of 2019 shall remain stayed except the
portion that applicant No.1 shall pay maintenance of Rs.5,000/- per
month to the respondent No.1 – wife from the date of application
i.e. 21st September, 2014 and shall continue to pay regularly till
final disposal of this revision application. As regards the arrears of
maintenance, present applicants shall clear the arrears amount and
pay to his wife within a period of one month from the date of
receipt of the copy of this order.

(B.N. KARIA, J)
Manoj

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