R/CR.RA/231/2020 ORDER DATED: 17/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 231 of 2020
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PRAKASHBHAI BHURASING PARGI
Versus
STATE OF GUJARAT
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Appearance:
GHANSHYAMBHAI N PATEL(8700) for the Applicant(s) No. 1
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS CM SHAH ADDL.PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 17/11/2021
ORAL ORDER
Heard Mr.Jucky Lucky Chan, learned advocate for the petitioner. According to his submission, even if earning of Rs.1,54,675/- per month of the husband is to be considered, respondent-wife, who is also earning Rs.40,000/-per month cannot be lost sight of at the time of determining maintenance to be awarded to her and children too. Therefore, enhancing monetary relief to the tune of Rs.50,000/- from Rs.33,000/- per month is uncalled for.
Considering the submission, Notice returnable on 12th January, 2022.
Ms.C.M.Shah, learned Additional Public Prosecutor waives service of notice on behalf of Respondent-State.
Till then, the impugned judgment and order passed by the appellate Court is hereby stayed on condition that, petitioner Page 1 of 2 Downloaded on : Thu Nov 18 22:52:35 IST 2021 R/CR.RA/231/2020 ORDER DATED: 17/11/2021 clears arrears at the rate of Rs.33,000/- earlier awarded by the Court within a period of 3 (three) weeks hereof and continue to pay monthly maintenance at that rate without fail.
The respondent-wife is at liberty to pray for modification of the aforesaid order after service of the notice, if needed.
Direct service is permitted.
(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA Page 2 of 2 Downloaded on : Thu Nov 18 22:52:35 IST 2021