R/CR.MA/4122/2025 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO. 4122 of 2025 In F/CRIMINAL REVISION APPLICATION NO. 6106 of 2025 ========================================= RAVI ARJANBHAI DEVALIYA Versus STATE OF GUJARAT & ORS. ========================================= Appearance: MR AMIT P SOLIYA(10780) for the Applicant(s) No. 1 BINNI B DESAI(9072) for the Respondent(s) No. 2,3 MR H. K. PATEL, APP for the Respondent(s) No. 1 ========================================= CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 22/09/2025 ORAL ORDER By way of filing the present petition for condonation of delay on 04/12/2025, the learned advocate for the petitioner has sought to condone a delay of 201 days in preferring the Criminal Misc. Application. The petitioner is aggrieved and dissatisfied with the order passed by the learned Family Court No. 3, Ahmedabad, in Criminal Misc. Application No. 1005 of 2023, at Exh.-21, whereby the learned Family Court has partly allowed the application and awarded maintenance under the provisions of Section 125 of the Code of Criminal Procedure/under Section 114 of the BNSS Act. It is submitted that the proceedings had proceeded ex-parte, as the petitioner had no knowledge thereof. Recovery proceedings R/CR.MA/4122/2025 ORDER DATED: 22/09/2025 have been initiated to recover the amount awarded in favour of the respondent. The petitioner became aware of the said proceedings on 11/11/2024. In view of the above, and the grounds urged in support of the petition do not inspire confidence, yet, in the interest of justice and without placing undue reliance on technicalities, the present petition is hereby allowed subject to the petitioner complying with the following conditions : the petitioner shall deposit an amount of Rs. 20,000/- before the Registry within a period of seven days from the date of this order. Failure to comply with this condition shall render this order ineffective and inoperative. Stand over to 09/10/2025. (R. T. VACHHANI, J) Kaushal Rathod Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 23/09/2025 11:10:22