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2016 Supreme(Guj) 1320

S.G.SHAH
Alpesh Rameshbhai Thakkar – Appellant
Versus
Julieben Dhirendrabhai Ruparel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.J. Kanabar
For the Respondents: Harshit S. Tolia, Parth S. Tolia

JUDGMENT :

S.G. Shah, J.

1. The petitioner herein is a husband whereas respondent No. 1 is his wife. Respondent No. 2-State is a formal party, since dispute is regarding maintenance of the wife under Section 125 of the Code of Criminal Procedure. I have heard learned advocate Mr. P.J. Kanabar for the petitioner at length, so also learned advocate Mr. Tolia for respondent No. 2 and perused the record.

2. The petitioner - husband has challenged the judgment and order dated 06.08.2015 by the Principal Judge of Family Court, Bhavnagar in Criminal Misc. Application No. 130 of 2013. By such impugned judgment and order, the Family Court has while allowing the application for maintenance under Section 125 of the Code preferred by respondent No. 1 - wife, directed the present petitioner to pay her an amount of Rs. 20,000/- as monthly maintenance from the date of such application being 09.02.2011. The Family Court has also directed the petitioner - husband to pay Rs. 1000/- towards cost of such proceedings. Therefore, prima facie at this stage it is to be recollected that now when Courts are empowered to award expenses of such proceedings, the order to pay only Rs. 1000/- towards expenses for s
















































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