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2022 Supreme(Online)(Guj) 7169

GUJARAT HIGH COURT
NATVARBHAI MAGANBHAI PRAJAPATI – Appellant
Versus
STATE OF GUJARAT – Respondent


ORAL ORDER

Notice. Learned APP waives service of notice for and on behalf of the respondent no.1-State. Considering the impugned order passed by the court below and concurrent findings of the trial court, having gone through the findings arrived at by the trial court, this court does not deem it fit to issue notice to the respondent-wife to decide this application.

By way of present application, the applicants have challenged the order dated 31.08.2021 passed by learned City Civil and Sessions Court, Ahmedabad in Criminal Appeal No.

603 of 2019.

Heard learned advocate for the applicants.

It was submitted by learned advocate for the applicant that the income of the present applicant no.1 is only Rs.

12,000/- per month and he is no in a position to pay the maintenance amount as awarded by the court below in favour of the respondent no.2 granting maintenance of Rs. 5,000/- to the wife and Rs. 4,000/- to the children. Learned advocate for the applicants has submitted that the applicants have no objection in paying maintenance to the children. He has only objected to granting maintenance to the wife only which is not accepted by the court for the reasons arrived at by the trial court.

Learned

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