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SCA/29267/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 29267 of 2007
=========================================================
HIMANSHU
PRAMODBHAI SHAH - Petitioner(s)
Versus
URESHABEN
HIMANSHUBHAI SHAH - Respondent(s)
=========================================================
Appearance
:
MR
JF MEHTA for
Petitioner(s) : 1,
MR
BP GUPTA for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 07/03/2008
ORAL
ORDER
Rule.
Learned advocate Shri Gupta waives service of rule on behalf of the
respondent.
Petitioner
is the husband of respondent. He has challenged an order dated
23.10.07 passed by the learned Family Court Judge, Ahmedabad below
Ex.1 in Family Suit No.711/05.
The
petitioner is paying interim maintenance of Rs.5,000/- per month to
the wife so fixed by the Trial Court earlier. By the impugned
order, the petitioner has been directed to pay another sum of
Rs.10,000/- per month to the wife towards her medical expenses and
further directed that if the amount is more than the said sum, on
production of medical bills by the wife, the petitioner shall have to
pay that amount also within one week.
Having
heard the learned advocates appearing for the parties, I find that
both sides are required to be given an opportunity to produce
material on record in respect of the income of the husband, the
medical expenses that the wife periodically incurs and also other
liabilities of the husband before a just figure can be arrived at.
It may, however, be noted that the learned advocate for the
petitioner submitted that the petitioner shall continue to pay
Rs.4500/- per month to the wife by way of interim arrangement pending
further orders from the Trial Court in addition to Rs.5,000/-
monthly maintenance that he is already paying. Under the
circumstances, subject to the above assurance and directions in
terms thereof, the impugned order is set aside. It will be open for
the respondent to file formal application before the learned Judge
which may be decided expeditiously and preferably within a period of
8 weeks on receipt of such application, after permitting both sides
to produce such material as may be desired and hearing the advocates
concerned.
With
these directions, the petition is disposed of. Rule is made absolute
to the above extent.
(Akil Kureshi, J.)
(vjn)
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