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GUJARAT HIGH COURT
S.G.SHAH, J
RUPALBEN W/O TUSHARBHAI SHAH – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
For the Appellants/Petitioners: MR DHARMESH V SHAH
For the Respondents: MS. KHUSHBU P VYAS, MS JIRGA JHAVERI

JUDGEMENT

1. Rule. Learned APP Ms.Jirga Jhaveri waives service of rule for respondent no.1 and Ms.Khushbu Vyas, learned advocate waives service of rule for respondent no.2.

2. The judgment and order dated 19.10.2012 by the Addl.Family Court, Vadodara is under challenge. The impugned order was to the effect of rejecting Cr.M.A.No.2416 of 2010, which was filed by present applicants u/s.125 of the Code of Criminal Procedure (“ Cr.P.C ”, for short) claiming maintenance from respondent no.2, who is husband of applicant no.1 whereas father of minor applicant no.2. As usual, the applicant – wife has claimed maintenance from respondent – husband on the ground that he has ill-treated her and harassed her when she was at her in-law’s house. Some details of disturbance between the parties have been narrated in the original application which was originally numbered as Cr.M.A.No.2416 of 2010. It was transferred from the Court of Magistrate to the Family Court, Vadodara. Petitioner has alleged that respondent – husband has never disclosed the true fact about his life and earning activities as well as earnings and abruptly changed the business and always quarrelled with the applicant









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