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GUJARAT HIGH COURT
G.R. UDHWANI, J
DIPAKKUMAR BHAGWANDAS RAMNANI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MS. BELA NAYAK, MR. M B SHEKHAWAT
For the Respondents: HCLS COMMITTEE, MS KIRAN D PANDEY, MS. MOXA THAKKAR

Table of Content
1. review of order permitting maintenance under section 125. (Para 1)
2. evaluation of dependency and legitimacy for maintenance. (Para 2 , 4)

JUDGEMENT

1. The petitioner being partly aggrieved by an order dated 28 th May 2014 passed by the Family Court, Godhra in so far as it allows the application under section 125 of the Criminal Procedure Code ( for short “Cr.P.C”) for maintainance of the minor born to respondent no. 2 out of the wedlock with her previous husband who unfortunately expired is before this Court in the Revision Application under section 397/401 of Cr.P.C.

2. Having considered the arguments advanced by the learned counsel for the petitioner and also the impugned order, it is more than clear that the serious allegations by the respondent no.2 against the petitioner are as regards his extramarital physical relations with his sister­in­law which were not denied by the petitioner in the evidence. Thus, the reason for respondent no. 2 withdrawing from the company of the petitioner within a span of only four days post her marriage with the petitioner came to be established before the Court

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