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CR.MA/6994/2005 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6994 of 2005
In
CRIMINAL
REVISION APPLICATION No. 477 of 2005
==============================================================
GITABEN
ARVINDBHAI PATEL - Applicant(s)
Versus
THE
STATE OF GUJARAT & 1 - Respondent(s)
==============================================================
Appearance
:
MR
DM AHUJA for
Applicant(s) : 1,
MR HM PRACHCHHAK APP for Respondent(s) : 1,
MR
PK JANI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
Date
: 07/09/2005
ORAL
ORDER
1. By
filing this application, the applicant has prayed to direct the
respondent-husband to pay monthly interim maintenance of
Rs.2,00,000/- (Rupees two lacs only) to the applicant with 24%
interest during the pendency and final
disposal of Criminal Revision Application No.477 of 2005 which has
been filed by the applicant before this Court.
2. Having
heard Mr. DM Ahuja, learned advocate of the applicant, Mr. HM
Prachchhak, learned APP for respondent No.1 and Mr. PK Jani, learned
advocate for respondent No.2 and having
perused the impugned order dated 31.3.2005 rendered in Criminal Misc.
Application No.1700 of 2002 by the learned Judge of the Family Court
No.3, Ahmedabad by which the application filed by the applicant under
Section 125 (1) of the Code of Criminal Procedure for maintenance has
been rejected, according to this court, the applicant
has not made out any case for interim maintenance
during the pendency of Criminal Revision Application No.477 of 2005
which has been admitted by this Court by passing a separate order
today. Hence, the application seeking interim maintenance deserves to
be rejected.
3. For
the foregoing reasons, the application fails and accordingly it is
rejected. Notice is discharged.
(A.M.
Kapadia, J.)
…
(karan)
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