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SCA/3054/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3054 of 2010
=====================================
HETAL
@ DOLI DHARMESHBHAI DESAI W/O DHARMESH DOLATBHAI DESAI & 1 -
Petitioner(s)
Versus
DHARMESHBHAI
DOLATRAI DESAI - Respondent(s)
=====================================
Appearance
:
MR DAKSHESH MEHTA for
Petitioner(s) : 1 - 2.
MR SIKANDER SAIYED for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/05/2010
ORAL
ORDER
1.0 Leave
to amend.
2.0 Heard
learned advocate Mr. Dakshesh Mehta for the petitioners. The
petitioners are before this Court being aggrieved by an order passed
by the Principal Senior Civil Judge, Navsari below exh. 5 in H.M.P.
Suit No. 54 of 2009 dated 16th February 2010, whereby, the
learned Judge is pleased to partly allow the application and awarded
Rs.3,000/- only towards the maintenance to the mother and the learned
Judge has not directed himself to the question of awarding of
maintenance to the daughter.
3.0 At
this juncture, it is required to be noted that on earlier occasion
the learned advocate Mr. Saiyed appeared for the respondent
husband and requested this Court to grant some time so as to see that
some amicable settlement is reached in the matter. Today, the matter
is kept by an order in his presence, which reads as under:
Learned
Advocate Mr.Sikander Saiyed for the respondent places on record a
photo copy of receipt for Rs.15,000/- which he has deposited in cash
towards interim alimony of the daughter. The daughter has appeared
in Standard-XI examination, result of which is expected on or around
1st May 2010. Learned advocate Mr. Mehta
for the petitioner submitted that she will be required to incur
expenses towards tuition for Standard-XII. Adjourned to 4th
May 2010. On that day, the respondent is expected to make a good
will gesture for her result in Standard-XI examination including that
of generous amount for her tuition expenses…
4.0 The
daughter and the mother both are present before this Court. The
learned advocate for the petitioners informs the Court that the
daughter has passed standard XI and she has to pursue her studies of
XIIth standard.
5.0 Taking
into consideration the fact that the daughter is in standard XII, she
will be required to pursue her studies with the help of extra
expenses of tuition fees etc. This Court is of the opinion that by
an interim order, the respondent is required to be directed to pay
the maintenance to the daughter also.
5.1 The
amount awarded by the Court below of Rs.3,000/- as maintenance to the
mother is increased to Rs.7,500/- (Rupees Seven thousand five
hundred) and an amount of Rs.10,000/- (Rupees Ten thousand) for the
daughter is directed to be paid by the respondent on or before 7th
of every month including the month of May 2010. The question of
issuance of direction to pay maintenance from the date of application
is kept open.
5.2 Direct
service is permitted today.
[
Ravi R. Tripathi, J. ]
hiren
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