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2018 Supreme(Guj) 400

S.G.SHAH
Dhrutiben Dhananjaybhai Chorada – Appellant
Versus
Dhananjaybhai Raydevbhai Chorada – Respondent


Advocates:
Advocate Appeared:
For the Applicants : Mr. Vishal P. Thakker, Mr. Mrudul M. Barot
For the Respondents: Mr. S.P. Kotia, Mr. Manan Mehta

JUDGMENT :

1. Heard learned advocate Mr. Mrudul Barot for the applicant and learned advocate Mr. S. P. Kotia for respondent No.1, whereas learned APP Mr. Manan Mehta for the respondent - State being formal party. Perused the record.

2. The petitioner herein is a wife and minor daughters of respondent No. 1. They have preferred Criminal Miscellaneous Application No. 587 of 2015 before the Family Court, Bhavnagar under section 125 of the Code of Criminal Procedure (for short ‘the Code’) for maintenance. They have also preferred an application at exhibit 4 for interim maintenance, pending trial. The provision for interim maintenance is required because of such situation emerging from the present case, wherein though such application was filed on 08.12.2015, the order of interim maintenance was passed only on 23.11.2016 i.e. almost after a year though such applications are to be decided within 60 days as per the proviso 2 of subsection (1) of Section 125 of the Code. By such impugned order, the Family Court, Bhavnagar has awarded Rs.2000/- towards maintenance of wife and Rs.1000/- for each of the three minor daughters. Thereby total Rs. 5,000/- is to be paid by respondent – husband. Howe



















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