Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Savankumar Manharlal Solanki – Appellant
Versus
State of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. The petitioner in this petition filed under Article 227 of the Constitution of India prays for following reliefs :
(a) Your Lordships may be pleased to admit and allow the present petition;
(b) Your Lordships may be pleased to quash and set aside the impugned order dated 31.3.2017 passed by the Principal Judge, Family Court at Rajkot in Cr.M.A no.815 of 2013 Annexure-A;
(c) Your Lordships may be pleased to remand back the matter and direct the Family Court at Rajkot to hear the matter afresh and also consider also to consider the evidence that may be produced by the petitioner;
(d) Pending the admission, hearing and final disposal of this petition, be pleased to stay the further execution, implementation and operation of impugned order dated 31.3.2017 passed by the Principal Judge, Family Court at Rajkot in Cr.M.A no.815 of 2013 Annexure-A;
(b) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice.
2. The factual aspects necessary to decide this petition are as under :
2.1 The marriage between the petitioner and respondent to.2 had been solemnized at Bhavnagar on 25.6.1999 and out of the said wedlock they had two children
Maintenance rights under Section 125 of the Criminal Procedure Code are statutory and cannot be waived through mutual agreements, protecting the interests of both divorced spouses and their children.
A wife's statutory right to maintenance under Section 125, CRPC cannot be waived or altered by any agreement in a divorce deed, as such clauses are void for being against public policy.
A divorced Muslim woman is entitled to claim maintenance under Section 125 of the CrPC, and the Family Court has jurisdiction to entertain such claims, irrespective of the provisions of the Muslim Wo....
Maintenance – Section 125, Cr.P.C. is a measure of social justice and is specially enacted to protect women and children.
Delay in filing a maintenance application does not negate entitlement to maintenance; consent to separate was misinterpreted.
A divorce on grounds of desertion does not stop a divorced woman from claiming maintenance under Section 125 CrPC, thus recognizing her entitlement despite earlier payments treated as permanent alimo....
The Court clarified that a second wife whose marriage is void due to the survival of the first marriage is not entitled to maintenance under Section 125 Cr.P.C. The Court emphasized the need for stri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
