Allowed

Hemantbhai Jekishandas Presswala v. State of Gujarat

Gujarat HC26 Nov 2018CR.RA/399/2014

Case brief

AI extract

What is this about?

In a criminal revision application challenging enhancement of maintenance under Cr.P.C. Sec.127, the Hon'ble Court held the order infructuous due to the wife's demise and quashed it as the petitioner and minor son, as class-I heirs, are entitled to the corpus.

What did the court decide?

The order of enhancement of maintenance is quashed and set aside. The revision application is allowed. Rule is made absolute.

Hemantbhai Jekishandas Presswala Vs State of Gujarat — Maintenance and Alimony | Gujarat HC (2018)

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R/CR.RA/399/2014 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL REVISION APPLICATION NO. 399 of 2014

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HEMANTBHAI JEKISHANDAS PRESSWALA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR DEEP D VYAS(3869) for the PETITIONER(s) No. 1 MR MP PRAJAPATI(677) for the RESPONDENT(s) No. 2,3 MR.K.L.PANDYA, APP for the RESPONDENT(s) No. 1

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CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI Date : 26/11/2018

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ORAL ORDER

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1.This revision application has been instituted
questioning the enhancement of maintenance awarded to
the wife of the petitioner under Section 127 of the
Code of Criminal Procedure (for short ‘Cr.P.C.’).
During the pendency of the petition his wife has
expired. A joint submission is therefore made that on
account of demise of wife as also the fact that the
minor son who was then staying with the wife is now
in the custody of the petitioner–natural guardian of
the minor, the order enhancing the maintenance is
rendered infructuous. It is also submitted that the
petitioner and his son being the class-I heirs of the
deceased wife, the corpus of overdue maintenance also
will devolve upon them by succession.

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2.Considering the above submissions made by the
private parties, it appears that order of enhancement
of maintenance passed under Section 127 of the Code

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Page 1 of 2

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R/CR.RA/399/2014 ORDER

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of Criminal Procedure, under question in this
revision application, is rendered infructuous. The
same is therefore quashed and set aside. The revision
application is allowed. Rule is made absolute.

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(G.R.UDHWANI, J)

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RAVI PATEL

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Page 2 of 2

Hemantbhai Jekishandas Presswala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Hemantbhai Jekishandas Presswala v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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