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2024 Supreme(Guj) 1631

GITA GOPI
MAHESHSINH BANESINH RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : HARSHADRAY A. DAVE.
For the Respondents: MAULIK M. SONI, HARDIK MEHTA.

JUDGMENT :

GITA GOPI, J.

1. By way of this application, the revisionist-applicant-husband has made a prayer to quash and set aside the order dated 31.05.2023 below Exhibit 152 in Criminal Miscellaneous Application No. 133 of 2021 passed by the learned Principal Judge, Family Court, Gandhinagar.

2. The applicant has stated in the memo that he has not challenged the maintenance amount of Rs.6,500/- from 07.09.2016 to 31.12.2017, Rs.7,000/- from 01.01.2020 to 31.12.2021 and Rs.8,000/- of every month from 01.02.2022 ordered by the learned Family Court below Exhibit 152 in Criminal Miscellaneous Application No. 133 of 2021 and is ready and willing to pay the maintenance amount to the children.

3. Learned Advocate for the applicant Mr. Harshadray A. Dave for the applicant-revisionist submitted that the respondent No. 2-wife would not be entitled for the maintenance amount since she had been harassing the revisionist and the family members by making false allegations. It is further submitted that the revisionist and the family members were acquitted qua the false allegations under Sections 307, 323, 504, 498A and 114 of the Indian Penal Code (IPC) and under Sections 3 and 7 of the Prohibition

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