Considering the submissions made by the learned APP and in view of the decision of the Full Bench of this Court dated 30.9.2008 in the case of Suo-motu vs. State of Gujarat in Criminal Reference No.2 of 2008 which is again considered by the learned Single Judge of this Court in the case of Zahida Razakbhai Makrani vs. State of Gujarat, reported in 2011(0) GLHEL-HC 225804, dated September 2, 2011, in my view, the trial court has not committed any illegality or irregularity in awarding sentence of 12 months in Criminal Misc. Application No.176 of 2010 for non-payment of arrears o Rs.26,000/- and, in another case, namely, Criminal Misc. Application No.98 of 2011, for a period of ten months for non-payment of arrears of Rs.20,000/- [total Rs.46,000/-] and the Revisional Court has rightly confirmed the same, since awarding of sentence for default of payment of arrears of maintenance in both the above cases is in consonance with the decision of the Full Bench of our High Court. No interference is called for. This application is rejected. The office is directed to communicate this order to the applicant through Jail.
Notice is discharged.
(ANANT S. DAVE, J.) (swamy) Top