Gujarat Court August 1951 Judgments
Ahirani Vali Lakha Vs. Govind Pola
Court: Gujarat
Decided on: Aug-22-1951
Reported in: 1953CriLJ83
Chhatpar, J.1. This is a reference from the Sessions Judge, Sorath, which arises out of the following facts: One Ahirani Vali Lakha filed an application dated 6th April 1950, against her husband Aher Govind Pola under Section 488, Criminal P, C. for an order of maintenance of herself and her minor son. On 12.6.50, a compromise petition was filed by the parties and an order was passed by the Court on 15.6.50 in terms of the compromise. On 26.9.50, Bai Vali filed an application before the Magistrate complaining that her husband had not observed the terms of the order and prayed for its enforcement. This application was opposed by the opponent. The Magistrate rejected the application on the ground that the order of 15.6.50 passed in terms of the compromise was illegal, as it was beyond the scope of the provisions of Section 488, Criminal P.C. for a Magistrate to pass an order in terms of a compromise. Bai Vali being aggrieved by this order approached the Sessions Court and the Sessions Ju...
Tag this Judgment!Vyas Jesukhlal Vs. Prabhaben Amratlal
Court: Gujarat
Decided on: Aug-06-1951
Reported in: 1953CriLJ1124
Chhatpar, J.1. This is a reference by the Sessions Judge, Central Saurashtra Division, Rajkot, and for the reasons stated therein we accept it.2. The opponent Prabhaben Amratlal had filed an application under Section 488, Criminal P.C., for maintenance against her husband Vyas Jesukhlal Bhaishanker in the Court of the First Class Magistrate, Rajkot. A preliminary question of jurisdiction was raised that as the parties last resided at Sadakvala Pipalia in the jurisdiction of the First Class Magistrate, Gondal, and where the opponent still continued to reside, the Rajkot Magistrate had no jurisdiction and that the proceedings should have been filed in the Court of the First Class Magistrate at Gondal.3. The learned Sessions Judge has gone minutely in the case and considered the provisions of Clause (8) of Section 488, which reads as under:Proceedings under this Section may be taken against any person in any district where he resides or is, or where he last re-sided with his wife, or, as ...
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