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Gujarat High Court · body

2016 DIGILAW 2088 (GUJ)

Hardipbhai Pradipbhai Gadhvi v. Jignaben W/o Hardipbhai Gadvi

2016-10-03

SONIA GOKANI

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ORDER : Sonia Gokani, J. The Petitioners have approached this Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, seeking quashment of the complaint filed under the Protection of Women from Domestic Violence Act, 2005 (for short, ‘the D.V. Act’) being Criminal Misc. Application No. 90/2010, whereby, the Principal Judge, Family Court, Rajkot, has ordered interim maintenance to the tune of Rs. 3,000/- per month in favour of the Respondent No. 2-wife vide its order dated 15.01.2016. 2. According to the learned Advocate for the petitioners, Mr. Shah, though, revision is available to the petitioners and this is an order for interim maintenance, in view of the fact that the entire prosecution is malicious in nature, they have preferred the present petition. He has, further, fervently urged that the marriage span is, though, of less than six months, various complaints came to be filed. 3. Learned APP has urged that this is an order of interim maintenance, where, no interference is desirable. She, further, urged that this petition is not require to be entertained. 4. This Court notices that the remedy of revision is available to the petitioners against the impugned order passed by the Court trying the application under the D.V. Act, which is pending from the year 2010, wherein, the petitioners also have participated. It is only after the order of interim maintenance is passed, they have approached this Court. 5. Let the petitioners avail the remedy of revision. They shall also make attempts for an amicable settlement with Respondent No. 2 at institutional level. Only on the ground that the alternative, efficacious remedy of revision is available to the petitioners, this petition is being disposed of, this Court has not entered into the merits of the matter. The petitioners may take recourse to the legal recourse available to them, which may also include a petition under Section 482 of the Code of Criminal Procedure, if eventually, the petitioners are aggrieved by the outcome before the revisional Court. No observations made in this order shall come in the way of the petitioners. Disposed of, accordingly.