HARIN KAMALKUNAR RAVAL Vs. BHUMI W/O HARIN KAMALKUMAR RAVAL
LAWS(GJH)-2016-12-140
HIGH COURT OF GUJARAT
Decided on December 05,2016

Harin Kamalkunar Raval Appellant
VERSUS
Bhumi W/O Harin Kamalkumar Raval Respondents

JUDGEMENT

Z.K.SAIYED,J. - (1.) The petitioner has preferred the present petition under Articles 226 and 227 of the Constitution of India with the following prayers. (a) issue appropriate writ, order or direction quashing and setting aside the impugned order dated 26.02.2016 in the interest of justice. (b) pending admission hearing and final hearing of this petition, stay the impugned order dated 26.02.2016.
(2.) Heard learned advocate for the petitioners and learned advocate for the respondent.
(3.) Learned advocate for the petitioner has submitted that originally, the present petitioner had preferred an application under Order 7, Rule 11 of the Civil Procedure Code below Exhibit 25 before the Family Court, Anand praying to reject the Family Suit No.99 of 2015 for restitution of conjugal rights as being without any cause of action on 11.02.2016 with an application to hear the application preferred below Order 7, Rule 11 of the Civil Procedure Code first and the said application Exhibit 25 was not considered first by the learned Judge of the Family Court. It is submitted that the application for interim maintenance was heard and the order came to be passed. It is submitted that the said application, Exhibit 25 under Order 7, Rule 11 of the Civil Procedure Code is required to be heard first by the Family Court, but the same is not heard. He has submitted that the Family Court may be directed to hear the application, Exhibit 25 as early as possible.;


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