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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
JITENDRAKUMAR AMBALAL KONDI – Appellant
Versus
STATE OF GUJARAT – Respondent
| Table of Content |
|---|
| 1. husband's obligation to maintain family. (Para 3 , 4) |
| 2. legal consequences for failure to pay maintenance. (Para 5 , 6 , 7) |
JUDGMENT
HASMUKH D. SUTHAR, J.
1. It is required to be noted that on 31.07.2025, an advocate's notice was issued to the applicant, as his earlier advocate had been appointed as a Public Prosecutor. Though served, none appears for the applicant. Therefore, it clearly appears that the applicant is not interested in prosecuting the present matter. Hence, in view of the judgment of the Hon’ble Apex Court in the case of Taj Mohammad v. State of Uttar Pradesh , decided on 11.08.2023 in Criminal Appeal No. 2421 of 2023, this Court has considered the averments made in the application as well as the material placed on record and has proceeded to decide the matter in the absence of the applicant based on available material on record.
2. By way of the present application, the applicant has requested this Court to quash and set aside the judgment and order dated 18.01.2014 passed by the learned Family Court No.1, Ahmedabad in Criminal Misc. Application No.1202 of 2013.
3. It is the case of the applicant that the marriage between the petitioner and respondent
A husband’s obligation to maintain his wife and children is legal and ethical; defaulting on maintenance leads to lawful penal consequences.
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