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SCR.A/2040/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2040 of 2011
=========================================
SHAILESHBHAI
PRAVINBHAI SHAH - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance :
MR
AMIT P PATEL for
Applicant(s) : 1,
MR KP RAVAL, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 23/08/2011
ORAL
ORDER
[1.0] Present
petition under Article 227 of the Constitution of India has been
preferred by the petitioner – husband challenging the impugned
order dated 22.06.2011 passed by the learned Family Court, Vadodara
below Exh.18 application in Criminal Miscellaneous Application
No.3222/2010, by which the learned Family Court has awarded interim
maintenance to the wife at the rate of Rs.1000/- p.m. only and at the
rate of Rs.500/- p.m. to the minor.
[2.0] Having
heard Shri Patel, learned advocate appearing on behalf of the
petitioner – husband and considering the fact that impugned
order is only awarding interim maintenance that too at the rate of
Rs.1,000/- p.m. to the wife and Rs.500/- p.m. to the minor and
considering the price rise, inflation, value of rupee etc., it cannot
be said that the learned Family Court has committed any error
and/or illegality in awarding interim maintenance at the rate of
Rs.1,500/- p.m. only to the wife and the minor which calls for
interference by this Court in exercise of powers under Article 227 of
the Constitution of India.
[2.1] Shri
Patel, learned advocate appearing on behalf of the petitioner has
submitted that petitioner wants to settle the matter. On deposit of
the entire amount, a request may be made before the learned Family
Court to send the matter to mediation centre, which be considered by
the learned Family Court and the case be send to the Mediation
Centre, Vadodara after depositing the entire amount as awarded by the
learned Family Court by impugned order.
[3.0] With
this, present Special Criminal Application is dismissed.
(M.R.
Shah, J.)
*menon
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