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SCA/5273/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5273 of 2008
==========================================
CHAMPABEN
W/O HAMIRBHAI DEVABHAI KANARA & 3 - Petitioner(s)
Versus
HAMIRBHAI
DEVABHAI KANARA - Respondent(s)
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Appearance
:
MR HARSHIT
S TOLIA for Petitioner(s) : 1 - 4.
MR ASHISH M
DAGLI for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 22/07/2008
ORAL
ORDER
1. By way of this petition,
under Article 227 of the Constitution of India, the petitioners have
prayed for appropriate writ, order or direction challenging the order
passed by the learned 11th Additional Senior Civil Judge,
Junagadh below Exh. 13 dated 19/12/2007 in HMP No. 22/2007 dismissing
the application submitted by the petitioners under Section 24 of the
Hindu Marriage Act for interim alimony.
2. Considering the fact that the
respondent-husband is said to be earning Rs. 8283/- per month and
the petitioner-wife is getting Rs. 3000/- per month as maintenance
pursuant to the order passed by the learned Criminal Court under
Section 125 of the Code of Criminal Procedure and considering various
decision of the Hon’ble Supreme Court and this Court that the wife
can be entitled to one third of the income, it cannot be said that
the learned trial Court has committed an error in dismissing the
application under Section 24 for interim alimony. Though some of the
observations made by the learned trial Court are not satisfactory,
still on merits, the petition deserves dismissal. It is accordingly
dismissed. Notice is discharged.
(M.R. SHAH, J.)
siji
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