1. The present applicant-husband of respondent No.2 has preferred the present application challenging order dated 31.01.2011 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Jamnagar in Criminal Misc. Application No.250 of 2006.
2. In this application, the present applicant has challenged the issue that during the period, the dispute between the husband and wife has already been settled and that, the right of respondent No.2-wife is already waived and, therefore, the said order of the learned trial Judge is bad in the eye of law and the same is required to be quashed and aside.
3. Learned advocate Mr.Rachh for respondent No.2 and learned A.P.P. Mr.H.L. Jani for respondent No.1-State both are present and, as per their statements, the legal right cannot be waived in the matter which is not within the meaning of Section 135 of the Code of Criminal Procedure and the right, which is given to respondent No.2 is the constitutional right.
4. Learned advocate Mr.Sikandar Saiyed for the applicant states that out of the remaining amount, being Rs.1,20,000/-, the applicant will deposit Rs.50,000/- before the concerned Court below. He also submitted that the applicant has no objection if the said amount is withdrawn by respondent No.2.
5. In view of the statement made by learned advocate Mr.Saiyed, the applicant is directed to deposit the amount of Rs.50,000/- before the concerned Court below within a period of two weeks from the receipt of copy of this order and respondent No.2 is directed to withdraw the said amount.
6. In view of the above, learned advocate Mr.Saiyed prays for some time to deposit the said amount.
7. Time, as sought for, is granted. The matter is adjourned to 27.02.2012. Direct service is permitted.
(Z.K.SAIYED, J.) Hitesh Top