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2011 Supreme(Guj) 332

S.R.BRAHMBHATT
PRITIBEN JITESHBHAI UPADHYAY D/O. JAYVADANBHAI VYAS – Appellant
Versus
JITESHBHAI VIRENDRABHAI UPADHYAY – Respondent


Advocates Appeared:
B.C. Dave for Kunal B. Dave, for the Applicant.
Notice Served for Respondent No.1.
Bomi H. Sethna, for Respondent No.1.
Udayan P. Vyas, for Respondent Nos. 2 to 4.
K. P. Raval, A.P.P., for Respondent No.5.

JUDGMENT

S. R. BRAHMBHATT, J. The petitioner, who happens to be original applicant in Misc. Application No. 418 of 2009, filed in the Court of Metropolitan Magistrate, Court No. 22, Ahmedabad, under the provision of the Protection of Women from Domestic Violence Act (hereinafter referred to as the 'Domestic Violence Act'), for seeking protection from the respondent Nos. 1 to 4, has approached this Court, challenging the order dated 5-5-2010 passed by the Additional Sessions Judge, Court No.8, Ahmedabad in Criminal Appeal No. 301 of 2009, partly allowing the Appeal filed by the respondent Nos. 1 to 4 hereinabove, and modifying the order dated 30-10-2009 passed by the Metropolitan Magistrate reducing the amount of maintenance to be paid to the petitioner's minor son from Rs. 4,000/- to Rs. 1500/- per month and remanding the matter back to the trial Court for examining the aspect of interim protection to the petitioner and her son against eviction by the respondent No.1 to 4 and granting her interim protection in residential premises, to be decided bearing in mind the Apex Court's decision in case of S. R. Batra v. Smt. Taruna Batra, reported in AIR 2007 SC 1118 : [2007 (2) GLR 1582 (S


























































































































































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