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1999 Supreme(Guj) 709

S.K.KESHOTE
ASHOKKUMAR KANTILAL RATHOD – Appellant
Versus
BHAVNABEN ASHOKKUMAR RATHOD – Respondent


Advocates Appeared: S.S.PANESAR, YATIN SONI

S. K. KESHOTE, J.

( 1 ) CHALLENGE has been made by petitioner-husband to the order of the Civil Judge (S. D.), Gandhinagar, dated 18th June 1999 in Hindu Marriage Petition No. 30 of 1998 under which, by way of pendete-lite, alimony of Rs. 1,000/= and Rs. 2000/= as costs of expenses of litigation were granted to the respondent-wife. Translation of this order reads as under:it is hereby ordered that the opponent shall pay to the applicant Rs. 1,000/= (Rupees One Thousand Only) every month till the final disposal of the case. IT is further ordered that the applicant be paid Rs. 2,000/= by way of expenses of advocate.

( 2 ) THE learned counsel for the petitioner submits that this order has been passed by the learned trial court without hearing the learned counsel for the petitioner. It has next been contended that the amount of Rs. 1,000/= awarded towards maintenance to the wife is towards higher side. Lastly it is contended that the petitioner is ready even today to keep the wife with him but she is not ready and willing to stay with the petitioner. Therefore, she is not entitled to claim any maintenance from the petitioner.

( 3 ) ON the other hand, the learned counsel for the responde











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