Mahesh Fatehlal Duggar & 2 ­ vs State Of Gujarat & 1 ­

MAHESH FATEHLAL DUGGAR & 2 ­ Applicant(s) Versus STATE OF GUJARAT & 1 ­ Respondent(s) ========================================= Appearance :

MR SAMIR AFZAL KHAN for Applicant(s) : 1 ­ 3. MR JK SHAH ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, MR JB DASTOOR for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 17/04/2012 ORAL ORDER That willingness and readiness of the applicant to execute the release deed with regard to title, ownership and occupancy right in favour of the wife is not acceptable to the respondent­wife on the ground that she is unable to maintain herself and the child. It is also submitted by learned advocate for the applicants that the applicant­husband voluntarily pays Rs.7500/­ p.m. towards maintenance even though no order is passed by the Court.

In view of the above, Rule. Learned APP, waives service of rule on behalf of respondent No.1 and Mr. JB Dastoor, learned advocate, for respondent No.2.

Ad­interim relief in terms of further proceedings of Criminal Case No. 1168 of 2009 arising out of the Protection of Women against Domestic Violence Act, till further order.

If the amount of Rs.7500/­ stated to have been paid per month to respondent­wife is not paid every month appropriate action in accordance with law will be taken by this Court.

Direct service is permitted.

[ANANT S. DAVE, J.] //smita//