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CA/5486/2009 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION-FOR STAY No.5486 of 2009
In
SPECIAL
CIVIL APPLICATION No.8137 of 2008
With
SPECIAL
CIVIL APPLICATION No.8137 of 2008
With
SPECIAL
CIVIL APPLICATION No.10866 of 2008
===================================================
RAKESH
AMARSINH DAMIR - Petitioner(s)
Versus
BHARTI
RAKESH DAMIR - Respondent(s)
===================================================
Appearance
:
MR HORMAZ B SHETHNA for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) :
1,
PARTY-IN-PERSON for Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 16/09/2010
COMMON
ORAL ORDER
On
31.08.2010 the petitions, along with Civil Application, were listed
for hearing. An order requiring the husband to deposit a sum of
Rs.50,000/- was passed. Today, it has been stated by the wife that
the sum of Rs.50,000/-, as directed earlier, has been deposited by
way of fixed deposit in the name of the child. After the aforesaid
order dated 31.08.2010 was passed, the matters were adjourned to
07.09.2010 and thereafter to 14.09.2010.
On
14.09.2010 Mr.Shethna and/or Ms.Patel, learned advocates, did not
remain present when the matters were taken up for hearing and,
therefore, the hearing was adjourned to 16.09.2010 i.e. today. Today
also, Mr.Shethna and/or Ms.Patel, learned advocates representing the
petitioner-husband, are not present. The petitioner-wife (in Special
Civil Application No.10866 of 2008) has made a grievance that the
amount directed to be paid by way of interim relief towards
maintenance has not been paid since the date of the order by the the
learned trial Court. The order directing payment of maintenance to
the petitioner-wife has remained under suspension in view of the
statement of the petitioner-wife that she will not execute the
order. Subsequently she clarified before the Court that her
statement stands withdrawn. The court had, therefore, passed an
order dated 29.04.2009, which reads thus:
If
no formal stay is granted against the execution of the order of
maintenance, the learned lower Court can get the order executed qua
the amount of maintenance granted. However, it will be appropriate
for the learned lower Court firstly to issue Notice to the other
side so the respondent Rakesh Amarsinh Damir is ready to deposit the
amount or is agreeable to pay the amount of maintenance, so that the
Court may not enter into harsh execution. S.O. To 14/05/2009.
It
appears that subsequently certain objections were made on behalf of
the petitioner-husband and, therefore, the order dated 11.05.2009
came to be passed. The relevant portion of that order read thus:
xxx
xxx xxx Anxiety of the present applicant is that the moment when the
respondent-wife decided to withdraw her earlier statement, this
Court ought to have afforded an opportunity to get the order under
challenge stayed to prevent the execution of the order, otherwise,
it may render the entire petition fruitless or render the petition
infructuous. On earlier
occasion, i.e. on 8th
May, 2009, respondent-party in person was absent when the
matter was called out. Today also, she is not present. So, the Court
is inclined to issue notice to other side.
Hence,
notice returnable on 17th
June, 2009. Appropriate further order shall be passed after hearing
the other side. Meanwhile, if any formal execution proceedings are
initiated by the respondent-wife, then, the same shall be treated
stayed till further orders that may be passed by this Court. Direct
service permitted.
Thus,
by virtue of the said direction, the execution proceedings have
remained stayed and would remain stayed until any further order as
per the said earlier order passed by this Court.
On
behalf of the petitioner-husband no one attended the hearing on last
date. Under this circumstance, today the Court could have dismissed
Special Civil Application No.8137 of 2008 (filed by the
petitioner-husband) for non-prosecution and/or could have passed
appropriate orders in Special Civil Application No.10866 of 2008
(filed by the petitioner-wife). However, as a last chance, the
hearing of the matters is adjourned to 21.09.2010. It is,
however, clarified that the order passed by the Court on 11.05.2009,
granting ad-interim relief till further orders, stands modified and
its operation is now restricted to 21.09.2010. If nobody attends the
hearing on behalf of the petitioner-husband on 21.09.2010, the
operation of the order granting ad-interim relief shall
automatically stand vacated on said date without further orders.
Registry
to place a copy of this order in connected matters.
Sd/-
[K.M.
THAKER, J]
***
Bhavesh*
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