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SCA/2443/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2443 of 2011
=========================================================
SURAJBEN
DHARMICHANDJI BOHRA - Petitioner(s)
Versus
DHARMICHANDJI
NEMICHANDJI BOHRA - Respondent(s)
=========================================================
Appearance
:
MS
POOJA K DAVE for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1,
MR
SATISH R PATEL for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/04/2011
ORAL
ORDER
1. By
way of this petition, the petitioner has challenged the order dated
31.01.2011, passed by the Learned Additional Chief Judicial
Magistrate, Gandhinagar, in H.M.P. No. 56 of 2009, whereby the
learned Judge has awarded maintenance to the petitioner at Rs.
2,000/- from the date of the order.
2. The
short facts of this case are that the petitioner was married with the
respondent in the year 1958 at Rajasthan. Out of their wedlock two
daughters were born. It is alleged that after their marriage, the
petitioner was mentally tortured by the respondent and his family and
ultimately, the petitioner along with her two daughters were
forcefully driven out of the house of the respondent. Therefore, the
petitioner filed H.M.P. No. 56 of 2009 in the Court of the Principal
Senior Civil Judge, Gandhinagar, for maintenance under section 9 and
24 of the Hindu Marriage Act. Vide order dated 31.01.2011, the
petitioner was awarded maintenance in the sum of Rs. 2,000/- per
month. Hence, this petition is filed by the petitioner for
enhancement.
3. Heard
the learned Advocates for respective parties.
4. It
appears from the Income Tax return Verification Form, filed by the
respondent that yearly gross income of the respondent is shown as
Rs.1,56,796/- and deduction is shown as Rs.86,606/- and the net
income is shown as 70,372/-. From the record it is also established
that the respondent is in a position to pay more maintenance to the
petitioner looking to his financial capacity. Apart from that keeping
in mind the today’s cost of living, Rs. 2,000/- per month for
maintenence for an individual person is very
meager amount. Therefore, I am of the view that the award passed by
the Trial Court is on lower side. Therefore interest of justice would
be met by granting additional amount of Rs. 2,000/-(Two thousand) per
month. Accordingly it is ordered that the respondent shall pay a
total sum of Rs. 4,000/-(Four thousand) to the petitioner towards
maintenance from the date of her application. The order of the Trial
Court is modified accordingly.
5. Rule
is made absolute with no order as to costs.
(K.S.JHAVERI,J.)
pawan
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