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SCA/9890/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9890 of 2010
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DHAVALKUMAR
DASHRATHBHAI PRAJAPATI - Petitioner(s)
Versus
LAXMIBEN
ALIAS AMISHABEN W/O DHAVALKUMAR PRAJAPATI AND D/O K - Respondent(s)
=========================================
Appearance :
MR
HD CHUDASAMA for
Petitioner(s) : 1,
MR PINAKIN M RAVAL for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 02/12/2010
ORAL
ORDER
1. By
way of this petition, the petitioner – original applicant
challenges the order dated 10.05.2010 passed by the learned Family
Court, below application – Exh.9 in H.M.P.No.725 of 2009 by which the
learned Family Court has partly allowed the said application
directing the petitioner herein to pay Rs.400/- towards interim
maintenance of respondent wife and also Rs.400/- towards interim
maintenance of minor child, in all Rs.800/- per month, over and above
the maintenance granted to them under Section 125 of the Criminal
Procedure Code in Criminal Misc. Application No.463 of 2006 from the
date of the application.
2. It
is submitted by Mr.Chudasama, learned Advocate appearing for the
petitioner herein that learned J.M.F.C. Court after considering
source of income of the petitioner and other relevant factors, partly
allowed the application in the year 2008 and directed the petitioner
to pay Rs.300/- towards maintenance of minor child and Rs.800/-
towards maintenance of wife. It is pertinent to note that Hindu
Marriage Petition is filed by the petitioner for obtaining decree of
divorce in the year 2009.
3. Learned
Family Court after considering rate of minimum wages and to meet with
expenses of minor child and wife, passed impugned order. In opinion
of this Court, impugned order dated 10.05.2010 passed by the learned
Family Court is not required to be interfered as no jurisdictional
error is committed. Hence, present Special Civil Application deserves
to be dismissed and accordingly it is dismissed.
[M.D.Shah,
J.]
satish
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