Heard learned advocate for the petitioner and it is submitted that the order impugned dated 24.5.2011 passed by learned Principal Judge, Family Court, Junagadh, is contrary to law laid down by Full Bench decision in the case of Suo Motu v. State of Gujarat passed in Criminal Reference No.2 of 2008 and relied on by learned Single Judge of this Court in Zahida Raxakbhai Makrani v. State of Gujarat [2011 JX Guj) 1039] and, therefore, awarding sentence for 2490 days for non-payment of the award of maintenance is illegal. Besides, the petitioner is ready and willing to pay part of the amount so awarded towards maintenance to respondents No.1 and 2.
Issue Notice returnable on 13.3.2012.
If the petitioner deposits Rs.15,000/- before the registry of this Court, upon showing the receipt of Rs.15,000/- the petitioner shall be ordered to be released by the Prison authority on furnishing a personal bond of Rs.2,000/- to the satisfaction of jail authority.
[ANANT S. DAVE, J.] //smita// Top