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1979 Supreme(Guj) 22

M.K.SHAH
BAI HANSABEN GORDHANDAS – Appellant
Versus
PATEL KANAIYALAL KESHAVLAL – Respondent


Advocates Appeared: A.P.RAVANI, ASIM J.PANDYA

M. K. SHAH, J.

( 1 ) THIS revision application is directed against the order passed by the learned Judicial Magistrate First class Dhrangadhra on 3 on Ex. 24 which was an application given by the opponent husband in maintenance proceedings instituted by the wife for herself and the minor sons. The learned Magistrate by the order passed below Ex. 24 allowed the said application on the ground that there were substantial issues in the matter arising between the parties due to the registered divorce deed and he therefore dismissed the wifes maintenance application being Miscellaneous Criminal Application No. 5 of 1977 directing her to approach the civil court. . . . . . . . . .

( 2 ) WHILE the proceedings were pending on 22-5-1978 the husband gave the said application Ex. 24 inter alia contending that at the time when the divorce was obtained by the said deed of divorce the wife had no right of claiming maintenance and the question of neglect or refusal on the part of the husband to maintain would not arise. With regard to the maintenance of the first child Indravadan it was contended that in the deed itself the wife had taken over the responsibility of his maintenance and custody and t









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