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SCR.A/458/2008 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 458 of
2008
=========================================================
CHANDUBHAI
LUNABHAI MALI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
NIRAL R MEHTA for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 2,
MR TEJAS P SATTA for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 27/01/2010
ORAL
ORDER
The
petitioner is husband of respondent no.2. He has challenged orders
passed by the Courts below granting maintenance of Rs. 3000/- to the
wife. Learned advocate for the petitioner submitted that income of
the petitioner is not sufficient to discharge such a burden. He drew
my attention to the fact that two minor children born out of wedlock
are with the petitioner who looks after them.
From
the material on record, however, I find that the petitioner lives in
joint family. Joint family has several source of income. Admittedly
there is an agricultural land on which tube well is also situated and
also there is a tractor. The family not only involves itself in
cultivation of the land, producing and selling vegetables in the
market but also has access to irrigation facilities as well as
tractor at its disposal.
No
interference is therefore, called for . The petition is dismissed.
(Akil
Kureshi,J.)
(raghu)
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