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2019 Supreme(Guj) 842

B.N.KARIA
Ikbalkhan Mherabkhan Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Farhana Y. Mansuri
For the Respondents: Shailesh C. Sharma and M.H. Bhatt, APP

JUDGMENT :

B.N. Karia, J.

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent No. 1-State and learned advocate Mr. Shailesh C. Sharma waives service of notice of rule for and on behalf of the respondents No. 2, 3, 4 and 5.

2. By way of present application, the applicant has challenged the judgment and order dated 26.02.2019 and 06.06.2019 passed by the learned Family Court, Ahmedabad in Criminal Misc. Application Nos. 2983 of 2018 and 1054 of 2019.

3. Brief facts of the present case are as under:

    3.1 That, the present applicant is the husband of the respondent no. 2 and the father of the minor respondents No. 3, 4 and 5. The marriage of the applicant was solemnized with the respondent no. 2 as per Muslim ritual at Nadiad on 5th June 2005. That, the respondent no. 2 is an obstinate skittish nature and was not knowing household work. That, the respondent no. 2 wife left the house of the applicant in the year 2016 and had filed application under Section 125 of the Code of Criminal Procedure Code for maintenance before the learned family Court No. 3, Ahmadabad and the said application came to be numbered as Criminal Misc. Application No. 3160 of 2016 an

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