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2000 Supreme(Guj) 112

S.K.KESHOTE
KALIBEN KALABHAI DESAI – Appellant
Versus
ALABHAI KARAMSHIBHAI DESAI – Respondent


Advocates Appeared: H.S.Muliya, Nilesh M.Shah, R.C.Jani

S. K. KESHOTE, J.

( 1 ) 1. THIS revision application under section 115 of C. P. C. by wife is directed against the order of the learned 5th Jt. Civil Judge (S. D.), Mahesana on her application under section 24 of the Hindu Marriage Act in H. M. P. No. 53 of 1998. Under the impugned order, the learned trial court awarded the interim maintenance to the wife petitioner at the rate of Rs. 600. 00p. m. and her minor son Rahul at the rate of Rs. 400. 00p. m. . Towards the litigation expenses, Rs. 2000. 00 has been awarded.

( 2 ) LEARNED counsel for the petitioner vehemently contended that the learned trial court has committed a serious error or illegality in awarding a meagre sum of maintenance to the wife and her minor child. In his submission, the respondent is a practising advocate. He has a good practice but this meagre amount of maintenance has been awarded. His earnings are about Rs. 10,000. 00 to 12,000/- p. m. from his practice and further he has regular income from the agricultural land. Alternatively, it is contended that even if we go by the findings of the court below where the respondents income was taken to be Rs. 3000. 00 to Rs. 5000. 00p. m. , the amount of maintenance awa









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