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2019 Supreme(Guj) 679

B.N.KARIA
Rakesh Amarsinh Damir – Appellant
Versus
Bhartiben Rakeshbhai Damir – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amrish K. Pandya
For the Respondents: M.H. Bhatt, APP

ORDER :

B.N. Karia, J.

1. When the matter was placed for admission, respondent No. 1 herself is present before the court and she identifies herself as Bhartiben Rakeshbhai Damir.

2. Rule returnable on 2nd December 2019. Learned APP waives service of notice of rule for and on behalf of the respondent No. 2-State. Respondent No. 1-Bhartiben Rakeshbhai Damir waives service of notice of rule for and on behalf of the respondent No. 1, as she being a practicing advocate.

3. The applicant has challenged the impugned judgment and order dated 30.09.2019 passed by learned Judge, Family Court No. 4, Ahmedabad in Criminal Misc. Application No. 2943 of 2002.

4. Heard learned advocate for the applicant and the respondent No. 1.

5. Learned advocate for the applicant submits that granting 25% of the net income of the applicant per month regularly is against the settled position of law and no justifiable reasons were recorded by the learned Judge in granting such amount of maintenance to the respondent No. 1. He has further submitted that son Dhruvesh had attained majority in the year 2015 and as per provisions of Section 125(1)(b) of the Code of Criminal Procedure, he is not entitled for maintenance fro

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