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SCR.A/2017/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2017 of 2009
=========================================================
PRAKASHKUMAR
BHAGVANDAS NAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
TUSHAR L SHETH for
Applicant(s) : 1,
MR KP RAWAL, APP for Respondent(s) : 1,
MR
MAHENDRA K PATEL for Respondent(s) : 2,
NOTICE SERVED BY DS for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 20/01/2010
ORAL
ORDER
The
petitioner is the original accused. His wife and minor daughter seeks
maintenance. They have been granted maintenance at the rate of
Rs.2000/- and Rs. 1000/- per month respectively by the Courts below.
The petitioner has therefore, challenged the said orders passed by
the Magistrate as well as learned Sessions Judge in the petition.
It
is not in dispute that the petitioner is not unemployed. He in fact
is running a hair cutting saloon in the name of Monalisa Hair
Style . Courts below having taken into account evidence on record
and estimated income of the petitioner, passed the said order. No
interference is therefore, called for.
Learned
counsel for the petitioner submitted that shop is taken on rent and
same is jointly run by him along with his father. To my mind, this
would not be enough to reduce the maintenance which in all comes to
Rs. 3000/- per month. Shop of the petitioner is situated in urban
area in the city of Ahmedabad. The petitioner must be earning
reasonable amount from such occupation. In these days of rising
prices, total of Rs. 3000/- per month to survive in city like
Ahmedabad cannot be stated to be on higher side.
The
petition is therefore, dismissed.
(Akil
Kureshi,J.)
(raghu)
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