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2019 Supreme(Online)(Guj) 1127

GUJARAT HIGH COURT
A. P. THAKER, J
KRISHNABEN W/O DIPENBHAI ATARA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MS MEGHA R CHITALIA
For the Respondents: MR BHUNESH C RUPERA, MR CHINTAN S POPAT, MS MOXA THAKKAR, APP

ORAL JUDGMENT

1. Rule. Ms.Moxa Thakkar, learned Additional Public Prosecutor waives service of notice of rule for respondent No.1- State and Mr.Chintan Popat, learned advocate waives service of notice of rule for respondent No.2.

2. By filing this application under Articles 226 and 227 of the Constitution of India and under Section 125 of the Criminal Procedure, the applicants have prayed to quash and set aside order dated 6.3.2014 passed by learned Judicial Magistrate, First Class, Maliya Hatina, in Criminal Misc. Application No.165 of 2012 qua rejecting the maintenance to petitioner No.1. By way of amendment, it is prayed to quash and set aside order dated 21.2.2015 passed by learned Second Additional Sessions Judge, Veraval, District-Junagadh, in Criminal Revision Application No.7 of 2014 and also prayed to pay maintenance to applicants no.2 and 3 till they get married by quashing and setting aside order dated 6.3.2014 qua the age prescribed for maintenance.

3. The brief facts of the prosecution case are that marriage of the applicant no.1 was solemnized with respondent no.2 on 17.11.2002 at Chorvad as per Hindu rituals. Respondent no.2- husband was used to torture applicant no.1

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