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CA/613420/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 6134 of 2008
In
SECOND
APPEAL No. 4 of 2008
=========================================================
SHILPA
KANUBHAI BRAHAMBHATT - Petitioner(s)
Versus
SHAILESHKUMAR
G BRAHAMBHATT - Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1,MR CHINMAY M GANDHI for Petitioner(s) : 1,
MR
HRIDAY BUCH for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/08/2008
ORAL
ORDER
1. This
matter has been listed before this Court time and again, more
particularly, on 10.07.2008, 16.07.2008, 23.07.2008 and thereafter
today. When the matter was heard on 10.07.2008, this Court had put
forward a suggestion to learned advocate for the applicant that this
court is prepared to fix the second appeal for final hearing in view
of the fact that the original petition filed by the
respondent-husband was dismissed but the appeal was allowed and that
the Marriage Petition is of the year 1999. The Civil Appeal has been
preferred in the year 2003. However, the said proposition was not
accepted and it seems that the applicant is not willing to proceed
with the final hearing.
2. Even
today when the same proposition was put forward to the applicant, it
is borne out that the applicant is not ready to proceed with the
final hearing. Therefore, it is quite clear that the applicant is
taking undue advantage of the court proceedings which have been and
may prolong for a considerable period of time. In that view of the
matter, prima facie this application does not prove to be a bonafide
one.
3. However,
the main prayers being prayers in terms of para 10 urged in the
present application are as under:
(A)
to pass an order upon the respondent husband to pay all the arrear
amount of interim alimony as per Exhibit 139 in Regular Civil Appeal
No. 42 of 2003.
(B)
to pass an order directing the respondent husband to pay permanent
alimony as per the Exhibit No. 97 which has not been taken into
consideration while passing order in Regular Civil Appeal No. 42 of
2003 for granting permanent alimony.
4. The
applicant has also prayed for grant of interim relief by way of
passing an order to the respondent husband to pay interim alimony @
Rs. 15000/- per month.
5. Heard
learned counsel for the parties. As a result of hearing and perusal
of the records, this Court is of the view that as far as the main
prayers are concerned, it would be in the interest of justice to hear
this application and the application for stay alongwith the main
matter. As far as the interim prayer is concerned, the same is
unreasonable in view of the fact that an alimony of Rs. 5500/- is
already being paid to the applicant which is sufficient to sustain.
This application qua interim relief is hereby rejected.
6. It
cannot go without saying that the conduct of the applicant of not
conducting the hearing is plainly to take advantage of the long time
pendency of this matter before this court and such an attitude cannot
be allowed to be adopted by any party to the proceeding before this
Court. In that view of the matter, it will be open to the parties to
move for early hearing.
7. As
far as the prayers in terms of para 10 are concerned, the same are
not taken up for hearing today. The hearing for the prayers made in
para 10 shall be done alongwith the second appeal. In that view of
the matter, the following order is passed.
8. Rule.
To be heard with the main matter qua prayers made in para 10 only.
(K.S.
JHAVERI, J.)
Divya//
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