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SCR.A/1862/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1862 of 2010
=========================================================
BHAVIKABEN
DHIRAJLAL MEHTA & 1 - Applicant(s)
Versus
JIGNESHKUMAR
VASANTLAL ATALIWALA & 1 - Respondent(s)
=========================================================
Appearance :
MR
SK BUKHARI for
Applicant(s) : 1 - 2.
None for Respondent(s) : 1,
MS CM SHAH,
ADDITIONAL PUBLIC PROSECUTOR for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 27/09/2010
ORAL
ORDER
Heard
Mr. S.K. Bukhari learned Advocate for the petitioner / original
applicants.
It
is submitted that by a considered and reasoned order dated
27.02.2009, learned 4th Additional Senior Judicial
Magistrate First Class, Bharuch enhanced an amount of Rs.1,000/=
towards total maintenance awarded to applicants, i.e. mother and
daughter. By reducing the above amount of maintenance to
Rs.3,000/=, learned Judge has committed an error while exercising
revisional jurisdiction and respondent being the only son and
earning not less than Rs.10,000/= per month and initially, the total
maintenance of Rs.3,000/= was awarded in the year 2004.
Considering
the above, issue NOTICE returnable on 15th
October, 2010. Meanwhile, ad-interim relief in terms of Paragraph
11(c) by staying the operation, implementation and execution of the
order dated 16.04.2010 passed by the learned Additional Sessions
Judge, Bharuch. Meanwhile, the respondents shall comply with the
above order passed on 27.02.2009 by the learned 4th
Additional Senior Judicial Magistrate First Class, Bharuch in
Criminal Miscellaneous Application No.248/2007 below Exhibit 29.
(Anant
S. Dave, J.)
Caroline
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