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2011 Supreme(Guj) 457

RAJESH H.SHUKLA
Rakesh Amarsinh Damir – Appellant
Versus
Bharti Rakesh Damir – Respondent


Advocates:
Party-in-Person, for the Petitioner No. 1.
Notice Served, for the Respondent No. 1.

Judgment

Rajesh H. Shukla, J.—Special Civil Application No. 8137 of 2008 has been filed by the petitioner-husband under Articles 14, 16, 19 and 21 of the Constitution of India as well as under Articles 226 and 227 of the Constitution of India and also under the provisions of the Hindu Marriage Act, 1955 for the prayer that appropriate writ of mandamus or any other appropriate writ, order or direction may be issued quashing and setting aside the order passed by the learned Judge, Family Court No. 4, Ahmedabad dated 28.4.2008 in HMP No. 1029/03 and has also prayed for interim relief on the grounds stated in the memo of petition contending that while exercising the discretion under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’), prima facie, the learned Judge was required to come to the conclusion that the respondent-wife had sufficient means to maintain herself and her child. It is also contended that the learned Judge has failed to appreciate the evidence and the impugned order is not supported by sufficient evidence for awarding maintenance.

2. Referring to the details it has been stated, inter alia, that the petitioner is a professor at N.C. Bodiw




















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