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2018 Supreme(Guj) 951

PARESH UPADHYAY
Archana Amit Shah – Appellant
Versus
Amit Hasmukhbhai Shah – Respondent


JUDGMENT

Paresh Upadhyay, J.

Challenge in this petition is made by the wife and minor daughter to the order passed by the Family Court, Vadodara dated 12.05.2017 below application Exh.15 in H.M.P. No. 534 of 2012. The said application was filed by these petitioners, seeking interim maintenance from the respondent husband / father. By the impugned order, the Family Court has partly allowed the said application and ordered the respondent - father to pay Rs. 5,000/- per month as interim maintenance to the minor daughter with effect from the date of application. The said application is however rejected qua the wife. This is challenged by both - the wife and the daughter before this Court in this petition, principally on two counts. Firstly, that the maintenance ought to have been granted to the wife and secondly that the maintenance of Rs. 5,000/- qua the daughter should have been more.

2. The principal proceeding (being H.M.P. No.534 of 2012) was instituted by the husband (through his father as the power of attorney holder), seeking divorce from his wife. The merits of the said proceedings are not gone into by this Court, since the point for consideration before this Court in this petiti


























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