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2023 Supreme(Guj) 695

J. C. DOSHI
Sabirbhai Gulabbhai Malek – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR EE SAIYED
For the Respondent: MR ASMITA PATEL

JUDGMENT :

1. This petition under Article 227 of the Constitution of India is filed for following reliefs :-

    “(a) Your Lordship may be pleased to kindly quash and set aside the order dated 25.09.2013 passed by the learned JMFC-Viramgam in Criminal Misc. Application No.13/2010 so also the order dated 21.08.205 passed by the learned IIIrd Additional District and Sessions Judge, Ahmedabad (Rural), Viramagar in Criminal Revision Application No.18/2013.

(b) Pending admission, hearing and final disposal of this petition, Your Lordship may be further pleased to kindly stay the implementation and execution of the order order dated 25.09.2013 passed by the learned JMFC-Viramgam in Criminal Misc. Application No.13/2010 so also the order dated 21.08.205 passed by the learned IIIrd Additional District and Sessions Judge, Ahmedabad (Rural), Viramagar in Criminal Revision Application No.18/2013.”

2. The facts which could be gathered from the pleadings are as under :-

2.1. The petitioner and respondent no.2 are legally married husband and wife. Their marriage took place ten years back according to Islamic rites and rituals. Respondent no.3 minor son was born out of said wedlock. Since matrimonial dis

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