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SCA/11012/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11012 of 2010
With
SPECIAL
CIVIL APPLICATION No. 15249 of 2010
=========================================================
URMILA
PARTH CHAUHAN - Petitioner(s)
Versus
PARTH
RANDHIR CHAUHAN - Respondent(s)
=========================================================
Appearance
:
MR
PH BUCH for
Petitioner(s) : 1,
MR PP MAJMUDAR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 01/04/2011
ORAL
ORDER
1. By
way of the present petitions, the petitioners have challenged the
order dated 07.07.2010 passed by the Family Court, Ahmedabad in HMP
No. 1363 of 2008 below Ex. 22 whereby the wife has prayed for
enhancement of maintenance and the husband has prayed for quashing
and setting aside the impugned order.
2. Heard.
This matter was referred to the mediation centre for settlement.
However, it appears that the talks have failed. As a result of
hearing and perusal of records, this court is of the opinion that the
order passed by the Family court is just and proper. The court can
pass order under section 24 of the Hindu Marriage Act having regard
to the husband’s income and the wife’s own income and thereafter the
court has to decide the reasonable amount without going into the
merits of the matter. The court below considering the evidence
adduced by both sides has awarded Rs. 2000/- towards interim
maintenance of the wife and Rs. 1000/- towards legal expenses. This
court is in complete agreement with the reasonings adopted and
findings arrived at by the court below.
3. In
the premises aforesaid, petitions are dismissed. It shall be open to
the either side to approach the court below for expediting the
hearing of the suit. If such an application is made, the trial court
shall hear and dispose of the same as expeditiously as possible
(K.S.
JHAVERI, J.)
Divya//
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