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SCR.A/2007/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2007 of 2010
=============================================
KISHORBHAI
SHANKARBHAI PATEL - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=============================================
Appearance
:
MR PREMAL R JOSHI for
Applicant(s) : 1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
None
for Respondent(s) : 2,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 12/10/2010
ORAL
ORDER
This
petition under Articles 226 and 227 of the Constitution of India is
filed by the petitioner-husband with a prayer to quash and set aside
the order dated 14.6.2010 passed by 5th Additional
District and Sessions Judge, Surat below Exh.20 in Criminal Revision
Application No.229 of 2008, by which, the amount awarded to
respondent-wife by learned JMFC is reduced from Rs.1,000/- to
Rs.900/-, while the maintenance amount awarded to the children of
Rs.1500/- each is not disturbed.
2. Learned
advocate for the petitioner submits that respondent No.2-wife is
serving as a Principal in a school and drawing salary of Rs.8500/-,
while the petitioner has no source of fix income and reliance placed
by the courts below about agricultural land is based on no evidence.
3. On
perusal of the record and considering the orders impugned, in which,
the courts have considered agricultural land cultivated by the
petitioner and his monthly income and, therefore, this Court
exercising powers under Articles 226 and 227 of the Constitution of
India would not like to re-appreciate the evidence. That, wife and
two children need minimum Rs.4,000/- p.m. in total for their
sustenance.
4. No
interference is called for. Petition is rejected summarily.
[ANANT
S. DAVE, J.]
//smita//
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