Home > Judgement > Gujrat HC: Husband released from Jail only after he pays 50% maintenance and expenditure for wife

Gujrat HC: Husband released from Jail only after he pays 50% maintenance and expenditure for wife

Kishorbhai vs State on 19 July, 2011
Author: M.R. Shah,

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SCR.A/1683/2011 2/ 2 ORDER

 

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

 

 

SPECIAL

CRIMINAL APPLICATION No. 1683 of 2011

=========================================================

 

KISHORBHAI

HAKABHAI DANIDHARIYA – Applicant(s)

Versus

 

STATE

OF GUJARAT & 3 – Respondent(s)

========================================================= Appearance

:

MRPRATIKYJASANI for

Applicant(s) : 1, PUBLIC PROSECUTOR for Respondent(s) : 1, None

for Respondent(s) : 2 –

4.

=========================================================

 

CORAM

:

 

HONOURABLE

MR.JUSTICE M.R. SHAH

 

 

 

Date

: 19/07/2011

 

ORAL

ORDER

 

 

 

Mr.P.Y.

Jasani, learned advocate appearing on behalf of the applicant has stated at the bar that applicant has already deposited Rs.35,000/- with learned Family Court, which would be 50% of the arrears of maintenance. He has requested to grant some more time to deposit the balance amount of maintenance by way of installments. However, he has requested to release the applicant on bail. He has also stated at the bar that so far as the regular amount of maintenance is concerned, the applicant shall continue to pay as ordered by the learned Family Court. Hence Notice returnable on 2nd August,2011 on condition that applicant shall deposit a further sum of Rs.4,000/- with Registry of this Court towards the probable cost/expenditure to be incurred by respondent nos.2 and 3 for appearing in the present matter, which shall be permitted to be withdrawn by respondent nos.2 and 3 irrespective of outcome of the present Special Criminal Application . It will also be open for the respondent nos.2 and 3 to withdraw the amount of Rs.35,000/-, which the applicant has deposited with the Family Court without any further order, which shall be paid to them by the concerned Family Court by account payee cheque and on proper identification and verification. In the meantime, applicant is ordered to be released on bail on his furnishing personal bond of Rs.5,000/-to the satisfaction of the Jail Authority. Direct service is permitted.

 

 

 

 

 

(M.R.SHAH,J.)

 

 

Vahid

 

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Categories: Judgement
  1. dd070aval
    August 2, 2011 at 11:56 am

    why the hell any law can exist to force somebody to pay money to some of his/her relative ?.

    If any citizen is unable to maintain himself then government should help him/her directly without considering his/her relatives.

    and why the hell only husbands are liable for maintaining family inspite of lots of women earning nowadays everywhere ?.

  2. False498a
    August 2, 2011 at 5:17 pm

    Ridiculous judgement. I can’t understand how these male judges can be so inhuman towards other males. Complete unjustice in this country. These judges forget that this unfortunate situation of false 498a, DV etc. can hit their families too. For how long they would keep giving biased judgements…

  1. September 8, 2011 at 11:45 am

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