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2015 Supreme(Guj) 1019

SONIA GOKANI
Giraben Sandipbhai Jotangiya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
Mr. Krunal L. Shahi, for the Applicants No. 1 - 2
Mr. Ashish M. Dagli, for the Respondent No. 2
Ms. Hansa Punani, APP for the Respondent No. 1

JUDGMENT :

1. Nani Palkhiwala, in his Book, “We, the Nation.. The Lost Decades” in the context of attack on judiciary by the litigants and others had said that “Character Assassination is a National Sport of India.... Making allegations to scandalize the person is the easiest task. To attack and allege against the character of any person without any semblance of proof and without any matching seriousness is a widespread malaise. When more and more allegations are made in matrimonial cases of spouse living in adultery, issue assumes seriousness. What does it amount to ‘living in adultery’ and what nature of proof needs to be adduced when this is alleged by the spouse to deny maintenance to the wife under the exception carved out under Section 125 of the Code?

2. Both these Revision Applications have arisen from the common order dated 22.04.2014 passed by the learned Presiding Officer, Family Court, Rajkot granting the interim maintenance of Rs.10,000/- to the wife and Rs.5,000/- to the child. The wife is aggrieved by the amount of Rs.5,000/-, as according to her, she ought to have been granted Rs.15,000/- and Rs.10,000/- should have been ordered for child, as monthly maintenance. She








































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