SCA/8456/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8456 of 2008 With SPECIAL CIVIL APPLICATION No. 5331 of 2008 ========================================================= MONICA KARTIKEY ACHARYA D/O SWAROOPNARAYAN GINWALA - Petitioner(s) Versus KARTIKEY DINKAR ACHARYA & 1 - Respondent(s) ========================================================= Appearance : MS KJ BRAHMBHATT for Petitioner(s) : 1,MS VARSHA BRAHMBHATT for Petitioner(s) : 1, MR ASIM J PANDYA for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2, MR VM PANCHOLI for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 09/09/2008 ORAL ORDER
BELOW SPEAKING TO MINUTES NOTE.
1. Having
heard Ms.K.J.Brahmbhatt, learned Advocate for the petitioner and
Mr.Asim Pandya, learned Advocate for the respondent, in the order
dated 04.08.2008 passed in Special Civil Application No.8456 of 2008
with Special Civil Application No.5331 of 2008, following be added at
the end of para 9:
ýSSo
far as the amount of Rs.40,000/- (Rupees Forty Thousand only) by way
of arrears of amount of maintenance and amount of Rs.5000/- towards
the costs of the litigation of the petitioner deposited by the
respondent ý husband with this Court is concerned, the applicant ý
wife shall be permitted to withdraw Rs.25,000/- (Rupees Twenty Five
Thousand only) towards interim maintenance on purely ad-hoc basis
without prejudice to the rights and contentions of the respective
parties and subject to the ultimate outcome of the proceedings on
remand. The petitioner-wife is also entitled to withdraw an amount of
Rs.5,000/- (Rupees Five Thousand only) deposited towards costs of the
present litigation. Registry is directed to return balance amount to
the respondent-husband by Account Payee Cheque.ýý
2. Registry
is directed to issue fresh order accordingly. Speaking to minutes
note is disposed of.
[M.R.Shah,J.]
satish