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CR.MA/6861/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6861 of 2011
=========================================
ABHISHEK
UDAYPRAKASH SHUKLA - Applicant(s)
Versus
ARCHANABEN
ABHISHEK SHUKLA & 1 - Respondent(s)
=========================================
Appearance
:
MR ARPIT P
PATEL for
Applicant(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/06/2011
ORAL
ORDER
Leave
to join State of Gujarat as party respondent No.3.
Shri
Patel, learned advocate appearing on behalf of the applicant has
submitted that in the main application under Section 125 of the Code
of Criminal Procedure, the original claimant has claimed maintenance
at the rate of Rs.6000/- per month for herself and Rs.3000/- per
month for the original applicant No.2 – minor i.e. in all
Rs.9000/- per month and therefore, the learned Family Court could not
have awarded the interim maintenance at the rate of Rs.11000/- per
month (Rs.7000 p.m. for the wife and Rs.4000 p.m. for minor
daughter). Hence, NOTICE returnable
on 12th
July 2011.
Shri K.P. Raval, learned Additional Public Prosecutor waives service
of Notice on behalf of respondent No.3.
In
the meantime Ad-interim relief in
terms of paragraph 11(c) on condition that applicant shall deposit
the interim maintenance with the learned Family Court at the rate of
Rs.6000/- p.m.
from the date of application on or before the returnable date and
continue to pay the same till further orders. The aforesaid amount
of Rs.6000/- shall be over and above the amount being deposited by
the applicant pursuant to the order passed by the Court at Kanpur.
Direct
service is permitted today qua
respondent
Nos.1 and 2.
(M.R.
Shah, J.)
*menon
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