AARIF GANIBHAI MODA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1617

GITA GOPI
AARIF GANIBHAI MODA – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
Advocate Appeared:
For the Appellant : M.S. PADALIYA.
For the Respondents: F.O. CHARIYA, HARDIK MEHTA.

JUDGMENT :

GITA GOPI, J.

1. RULE returnable forthwith. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent-State.

2. By way of this application, the applicant has prayed for quashing and setting aside the order dated 20.03.2024 passed by the learned Principal Judge, Family Court, Jamnagar in Criminal Miscellaneous Application No. 44 of 2024, whereby the revisionist was ordered to suffer rigorous imprisonment for the period of ten months for the arrears of ten months maintenance amount which was in total of Rs.70,000/- and further considering intentional disregard of the order of the Court, 10 days rigorous imprisonment for every month breach, thus 100 days further imprisonment, under Section 125(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’).

3. Learned Advocate for the applicant herein Mr. M.S. Padaliya has drawn the attention of this Court to the Affidavit of the respondent No. 2-the wife, placed on record at Annexure ‘C’. In Paragraph 3 of the said Affidavit, it is stated that the entire amount has been paid to her as per the application of recovery.

4. Learned Advocate for the applicant submitt