Rule. Mr.IH Pathan, learned advocate waives service of rule for respondent No.1 and Mr.Raval, learned APP waives service of rule for respondent No.2
- State.
Considering the facts and circumstances of the case and as requested on behalf of both the sides, the instant application is taken up for final disposal today.
The petitioner has challenged in this application the impugned order dated 8.10.2010 passed by learned Addl.Sessions Judge, Panchmahals at Godhra in Criminal Revision Application No.131 of 2009 whereby the said revision application preferred by the petitioner herein came to be dismissed and the Sessions Court confirmed and upheld the order dated 9.9.2009 passed by learned Judicial Magistrate First Class, Santrampur in Muslim Women Protection Application No.4 of 2001.
Vide order dated 9.9.2009, the learned J.M.F.C., Santrampur partly allowed the aforesaid application filed by respondent No.1 herein against the petitioner herein and directed the petitioner herein to pay Rs.1,001/- by way of Maher amount and to pay Rs.3,000/- by way of maintenance during the Iddat period and to pay Rs.2,40,000/- to respondent No.1 herein by way of future maintenance amount and to pay Rs.7,500/- towards price of the articles, which came to be delivered at the time of the marriage, and in all, the trial Court directed the petitioner herein to pay Rs.2,51,500/- to the respondent No.1 herein. The petitioner herein carried said order before the Sessions Court, Panchmahals at Godhra by filing Criminal Revision Application No.131 of 2009 and vide impugned order dated 8.10.2010, the Sessions Court dismissed said revision application and confirmed and upheld the order passed by the trial Court.
At the time when the instant matter came up for final hearing, learned advocate Mr.SK Bukhari for the petitioner (original opponent) and Mr.IH Pathan, learned advocate for respondent No.1 herein (original petitioner), upon instructions, submitted that the petitioner herein had deposited Rs.2,25,000/- in the trial Court and respondent No.1 had already withdrawn said amount from the trial Court and they have no objection if Rs.2,25,000/- are fixed as the final amount in place of the amount of Rs.2,51,500/- fixed by the trial Court. It is, therefore, submitted that the impugned order passed by the Sessions Court as well as the impugned order passed by the trial Court may be modified accordingly.
In above view of the matter, the impugned order passed by learned Addl.Sessions Judge, Panchmahals at Godhra on 8.10.2010 in Criminal Revision Application No.131 of 2009 as well as the impugned order passed by learned Judicial Magistrate First Class, Santrampur on 9.9.2009 in Muslim Women Protection Application No.4 of 2001, are hereby modified to the extent that the petitioner herein shall pay in all Rs.2,25,000/- to the respondent No.1 herein in place of the impugned order passed by the trial Court, directing the petitioner herein to pay Rs.2,51,500/- to the respondent No.1 herein. The impugned order is accordingly modified. Since it has been submitted by learned counsel representing both the sides that the petitioner had already deposited Rs.2,25,000/- before the trial Court and since that amount came to be withdrawn by the respondent No.1, no further direction is issued. The Instant Special Criminal Application stands disposed of accordingly.
Rule is made absolute accordingly.
(J.C.UPADHYAYA, J.) (binoy) Top