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2021 Supreme(Guj) 1020

A.J.DESAI, SAMIR J.DAVE
AMIT HASMUKHBHAI SHAH – Appellant
Versus
ARCHANA AMIT SHAH – Respondent


Advocates:
Advocate Appeared:
For the Respondent: HCLS COMMITTEE, MS E.SHAILAJA

JUDGMENT :

A.J.DESAI, J.

1. By way of the present appeal under Clause 15 of the Letters Patent, the present appellant has challenged a CAV judgement dated 27/09/2018 passed by learned Single Judge of this Court in Special Civil Application No.14887 of 2017, by which, the petition filed at the instance of the respondents, has been accepted and maintenance, which was not granted in favour of the wife, has been allowed and maintenance granted in favour of the daughter, has been increased and in all the appellant has been ordered to pay an amount of Rs.50,000/- per month to the respondents i.e. wife and daughter of the appellant.

2. At the outset, Ms.Shailaja, learned advocate appearing for the respondents i.e. wife and daughter has raised an objection about maintainability of the appeal, which has been filed under clause 15 of the Letters Patent under Rule 81 of Chapter- VI of The Gujarat High Court Rules, 1993 (hereinafter referred to as “the Rules”).

3. Ms.E.Shailaja, learned advocate for the respondents would submit that the present appellant has filed a petition under section 13 of the Hindu Marriage Act,1955 seeking decree of divorce on various grounds. An application under section 2

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