Wife files DV case & happily leaves India (goes abroad wid daughter). Husband appealing at Guj HC

We see cases where the Husband is stuck in India with his passport impounded, with his livelihood in question, when a woman files a false case. Many such men are stopped from traveling abroad and end up as court birds, running around courts handling cases. However women seem to have NO such compulsions. They are free to travel where they want, even after filing an appeal at HC !
“….2. Today when the matters are taken up for hearing, Mr Hriday Buch, learned advocate for the applicants has submitted that wife has already left India for about three years back and she is not in contact and this fact is also admitted by Mr.Amrish Pandya, learned advocate appearing on behalf of Shilpaben that she has left India along with her daughter in whose favour the order of maintenance is passed….”

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION NO. 381 of 2012

With
SPECIAL CRIMINAL APPLICATION NO. 3429 of 2011
*******************************************************************
ASHISHKUMAR DILIPBHAI BHATT & 2….Applicant(s)
Versus
SHILPABEN AASHISHKUMAR BHATT & 1….Respondent(s)
*******************************************************************
Appearance:
MR HRIDAY BUCH, ADVOCATE for the Applicant(s) No. 1 – 3
MR AMRISH K PANDYA, ADVOCATE for the Respondent(s) No. 1
MR. ASHIT J VYAS, ADVOCATE for the Respondent(s) No. 1
MR MITESH AMIN, PUBLIC PROSECUTOR assisted by MR SONI, APP for
the Respondent(s) No. 2
*******************************************************************

CORAM: HONOURABLE MR.JUSTICE R.P.DHOLARIA

Date : 12/06/2015

ORAL ORDER

1. These Special Criminal Applications have been filed by the wife as well as husband both being aggrieved by the order passed by learned 9th Additional Chief Judicial Magistrate, Ahmedabad (Rural) in Criminal Misc. Application No.1244 of 2009 dated 27.1.2011 as well as the order passed by learned Additional Sessions Judge, Ahmedabad (Rural) in Criminal Appeal No.9 of 2011 and Criminal Revision No.15 of 2011. The said proceedings were filed under the provisions of the Protection of Women from Domestic Violence

2. Today when the matters are taken up for hearing, Mr Hriday Buch, learned advocate for the applicants has submitted that wife has already left India for about three years back and she is not in contact and this fact is also admitted by Mr.Amrish Pandya, learned advocate appearing on behalf of Shilpaben that she has left India along with her daughter in whose favour the order of maintenance is passed.

3. Since both the applicants in whose favour the impugned order is passed have left India for about three years and are not in contact as stated above, these petitions are required to be disposed with a liberty to revive in case of difficulty. Accordingly, the petitions stand disposed with a liberty to revive in case of difficulty.

(R.P.DHOLARIA,J.)

pathan

SPECIAL CRIMINAL APPLICATION/381/2012

16/06/2015

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