HC: If recovery petition is pending in HC then similar application in HC is not maintainable
Gujarat High Court Case Information System
SCR.A/1180/2011 1/ 1 ORDER
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPLICATION No. 1180 of 2011
CHUNILAL KOTHARI – Applicant(s)
BACHUBHAI KOTHARI & 1 – Respondent(s)
D.TRIVEDI for Applicant(s) : 1, None for Respondent(s) : 1, MR LB DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 2,
MR.JUSTICE M.R. SHAH
petition under Article 226 of the Constitution of India has been preferred by the petitioner for execution of the order passed by the learned Family Court, by which the order of maintenance has been passed in favour of the petitioner. It is not in dispute that petitioner has already initiated the proceedings before the Family Court for recovery of the amount as provided under the provisions of the Code of Criminal Procedure, 1973 by way of recovery application as well as the warrant has also been issued, hence, present petition is not entertained. Even otherwise, for execution of the order passed by the learned Family Court, petition under Article 227 of the Constitution of India is not maintainable and/or is not required to be entertained. As and when any proceedings are taken up before the learned Family Court for execution and/or for recovery of the amount, the same are ordered to be expedited.
this, present petition is dismissed.