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2022 Supreme(Guj) 1214

SAMIR J. DAVE
MANISHBHAI ANILBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Appellant : NISARG N. TRIVEDI.
For the Respondents: D.K. TRIVEDI, M.H. BHATT.

ORDER :

1. By way of present application under sections 397 and 401 the Code of Criminal Procedure, 1973, the applicants have prayed to modify the order dated 11.04.2019 passed by the learned Sessions Judge, Rajkot in Criminal Appeal No. 158 of 2015, whereby, the appeal preferred by the respondent wife was allowed and the order dated 01.08.2015 passed by the 14th Additional Chief Judicial Magistrate, Rajkot in Criminal Misc. Application No. 272 of 2014 granting monthly maintenance of Rs. 5,000/- to respondent no. 2 and Rs. 5,000/- to respondent no. 3 was modified to the extent that maintenance of Rs. 15,000/- per month was awarded to respondent no. 2 and maintenance of Rs. 10,000/- per month was awarded to respondent no. 3.

2. The brief facts of the case are that the applicant no. 1 herein and respondent no. 2 got married as per Hindu rites and rituals on 30.01.1989 at Rajkot. That, daughter named Nishma was born on 31.07.1991 and son named Vismay was born on 29.03.1994 out of their wedlock. That the applicant no. 1 is working as a civil engineer. Since, the marriage the applicant no. 1, his wife, his mother and their children are residing at petitioner’s residence at Nadiad. Moreove

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