Prakashbhai Bhurasing Pargi vs State Of Gujarat
2021 Latest Caselaw 17409 Guj

    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

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