IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 9971 of 2002
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BHARATKUMAR MAFATLAL RANA
Versus
CHETANABEN RAMJIBHAI SOLANKI
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Appearance:
1. Special Civil Application No. 9971 of 2002
MR.SUBHASH G BAROT for Petitioner No. 1
.......... for Respondent No. 1
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CORAM : MR.JUSTICE JAYANT PATEL
Date of Order: 25/11/2002
ORAL ORDER
1.The present petition is preferred by the
petitioner against the order dated 6-9-2002 passed by the
Family Court No.1, Ahmedabad for interim maintenance of
Rs.1,300/= in addition to the amount of Rs.700/=, which
is ordered by the Criminal Court under Section 125 of the
Cr.P.C.
2.Heard Mr.Barot, learned Counsel for the
petitioner. The contention raised on behalf of the
petitioner is that the application is not maintainable
and there is no cause for preferring the main petition.
It has been submitted that the petitioner is though
getting a salary of Rs.7,000/=, he is receiving a net
salary of Rs.5,500/= and, therefore, the amount of
maintenance is very high and, therefore, the matter calls
for interference.
3.Considering the above and the perusal of the
order passed by the trial Court shows that the wife and
one child (daughter) are getting a total maintenance of
Rs.2,000/= for herself and the child. In my view, no
case is made out for interference under Article 227 of
the Constitution of India and it cannot be said that any
jurisdictional error is committed and hence the petition
is rejected.
25-11-2002(Jayant Patel, J.)
vinod