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SCA/5142/2008 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5142 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge?
=========================================================
AAYNABEN
OZA W/O AVDHESHBHAI OZA D/O ABHAYBHAI TRIVEDI - Petitioner(s)
Versus
AVDHESHBHAI
HARIDAS OZA - Respondent(s)
=========================================================
Appearance :
MR
ARPIT A KAPADIA for Petitioner.
MR ZUBIN F
BHARDA for
Respondent.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/08/2008
ORAL
JUDGMENT
1. Rule.
Mr.Zubin Bharda, learned Advocate waives service of notice of Rule on
behalf of the respondent. With the consent of the learned Advocates
appearing on behalf of the respective parties, the petition is taken
up for final hearing today.
2. By
way of this petition under Article 227 of the Constitution of India,
the petitioner ? wife has prayed for an appropriate Writ, direction
and/or order quashing and setting aside the order dated 11.02.2008
passed by the learned 7th Additional Senior Civil Judge,
Rajkot below application Exh.11 in H.M.P.No.48 of 2005 by which the
learned Trial Court has rejected the application submitted by the
petitioner ? wife for interim alimony of maintenance of herself and
her minor daughter who is studying in Jr.K.G.
3. Mr.Arpit
Kapadia, learned Advocate appearing on behalf of the petitioner ?
wife has submitted that in the facts and circumstances of the case,
the petitioner might not press for interim alimony so far as the
applicant is concerned, but so far as minor daughter is concerned,
interim alimony is required to be paid by the respondent ? husband
to meet with the expenses towards education and other expenses for
maintenance of minor girl.
4. Mr.Bharda,
learned Advocate appearing on behalf of the respondent ? husband
under the instructions of respondent ? husband who is personally
present in the Court has submitted that so far as the minor girl is
concerned, he is ready and willing to pay maintenance at the rate of
Rs.1350/- (Rupees One Thousand Three Hundred and Fifty only) per
month from the date of application. However, so far as the arrears is
concerned, some reasonable time be given to make the said payment.
5. Considering
above, impugned order dated 11.02.2008 passed by the learned Trial
Court below Exh.11 in H.M.P.No.49 of 2005 is hereby modified to the
extent that the respondent-husband / father of the minor girl is
directed to pay interim maintenance at the rate of Rs.1350/- (Rupees
One Thousand Three Hundred and Fifty only) per month towards minor
Girl ? Rushali / Tarshavi from the date of application i.e. 03rd
October, 2005. Arrears at the rate of Rs.1350/- (Rupees One Thousand
Three Hundred and Fifty only) per month from October, 2005 till
August, 2008 shall be cleared by the respondent / husband / father in
3(three) equal monthly installments from today to be deposited by the
respondent ? husband before the learned trial Court and on such
deposit, the petitioner ? wife shall be permitted to withdraw the
same. The respondent ? husband shall also continue to pay interim
maintenance at the rate of Rs.1350/- (Rupees One Thousand Three
Hundred and Fifty only) per month as and when due and payable
commencing from 01st September, 2008, to be paid on or
before 10th of each Month, to be deposited with the
learned trial Court and the learned trail Court is directed to permit
the petitioner ? wife to withdraw the said amount. Rule is made
absolute to the aforesaid extent. In the facts and circumstances of
the case, there shall be no order as to costs. Direct service is
permitted.
[M.R.Shah,J.]
satish
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