By way of present Revision Application filed under Section 401 read with Section 397 of the Code of Criminal Procedure the applicant has challenged the judgment and orders dated 25.6.2010 and 10.12.2010 passed by the learned Judge, Family Court No.2, Ahmedabad, in Criminal Misc. Application No.2587 of 2009.
The brief facts leading to the case of the applicant are that present applicant is original opponent in Criminal Misc. Application No.2587 of 2009 and present respondent No.1 has filed application under Section 125 of the Criminal Procedure Code for maintenance of herself and minor son - Vrund. In that application primary objection was taken by the husband - original opponent for the question of jurisdiction, as the original applicant - present respondent wife is staying at Chandkheda Bus Stand, Ahmedabad and that area of the Chandkheda is not covered within the jurisdiction of Ahmedabad City and that contention is not considered by the learned Judge. Thereafter, present applicant has made review application and pending the application, learned Judge was transferred and therefore other learned Judge of the Family Court has passed impugned order and that order is challenged by the present applicant - original opponent - husband.
Heard Mr.V.V.Vyas, learned advocate for the applicant, Mr.R.B.Sharma, learned advocate for the respondent Nos.1 & 2 and Mr.H.L.Jani, learned APP for the respondent - State.
Mr.Vyas, learned advocate for the applicant and Mr.Sharma, learned advocate for the respondent have contended that in this matter, the question regarding jurisdiction is involved and prima facie it is not considered by the learned Judge. On merits that question is required to be considered from the notification of the Government of Gujarat. Learned advocates for both the sides have made joint request that the question of jurisdiction be considered on merits. Even learned APP has also made a statement that this is a fit case to remand the case for reconsideration regarding jurisdiction of Chandkheda, whether it is covered within the jurisdiction of Ahmedabad City.
In the result, judgment and orders dated 25.6.2010 and 10.12.2010 passed by the learned Judge, Family Court No.2, Ahmedabad, in Criminal Misc. Application No.2587 of 2009 are hereby quashed and set aside. The case is remanded to the trial Court for deciding the Case afresh on merits and in accordance with law after providing opportunity to both the sides, the applicant as well as the opponents.
With the above observations, this Revision Application is disposed of.
(Z.K.SAIYED, J.) kks Top