MAGANBHAI NANJIBHAI GONDALIYA Applicant(s) Versus STATE OF GUJARAT & 3 Respondent(s) ========================================= Appearance :
MR JM BAROT for Applicant(s) : 1,MR HARESH H PATEL for Applicant(s) : 1, PUBLIC PROSECUTOR for Respondent(s) : 1, None for Respondent(s) : 2 4.
========================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 15/02/2012 ORAL ORDER
1. Heard learned advocate for the petitioner and it is submitted that in absence of any material about the income of the petitioner, the learned Principal Judge, Family Court, Junagadh, has presumed earning of the petitioner atleast around Rs.4 lakhs per year.
2. In absence of any valid reasoning in this regard and prima facie, in absence of material on record with regard to the income of the petitioner and nature of reasoning while determining points No. 2 and 3, learned Principal Judge, Family Court, Junagadh erred in blow and, therefore, the impugned order shall remain stayed till further order.
3. Notice returnable on 13.3.2012.
4. This Court has come across similar order passed by learned SCR.A/433/2012 2/2 ORDER Principal Judge, Family Court, Junagadh, in various other cases arising out of Sections 125 and 127 of Code of Criminal Procedure, 1973 and exercise of powers appears to be mechanically on doted line of reasonings.
5. Registry may call for the disposal of cases by the learned Principal Judge, Family Court, Junagadh, in last three months and submit report to this Court accordingly.
[ANANT S. DAVE, J.] //smita//