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SCR.A/1380/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1380 of 2010
=========================================================
KULSUMBEN
ABDUL REHMAN SHAIKH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MRSSSAIYED
for
Applicant(s) : 1,
MR MG NANAVATY, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 29/07/2010
ORAL
ORDER
In
view of the fact that the petitioner has already filed fresh
application under section 127 of the Code of Criminal Procedure for
further enhancement on 18.8.2009 and also in view of the fact that
husband’s challenge to the revised maintenance fixed by the Family
Court came to be dismissed on 20.7.2010, counsel for the petitioner
does not press this petition. He however, clarified that petitioner
would like to pursue fresh application for enhancement which is
pending before the competent Court.
Permission
as prayed for is granted. It is clarified that this order shall not
come in way of the wife in seeking fresh revision in maintenance and
learned Judge shall examine on the basis of evidence that may be
brought on record by both sides, particularly, considering the
current income of the husband.
With
above observations, the petition is disposed of.
(Akil
Kureshi,J.)
(raghu)
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