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SCA/1226/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1226 of 2009
=========================================================
THAKOR
VIJAYSINH LAXMANSINH - Petitioner(s)
Versus
MADHUBEN
SHANKARJI THAKOR - Respondent(s)
=========================================================
Appearance
:
MR
RC JANI for
Petitioner(s) : 1,
NOTICE NOT RECD BACK for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
Date
: 19/03/2009
ORAL
ORDER
In
compliance of the order dated 12/02/2009 passed by this Court, the
parties are present before the Court. It appears that there is no
scope of compromise between the parties, as they are residing
separately since years.
There
is vast difference as to the amount paid against the maintenance
granted under Section 125 of the Code of Criminal Procedure and
enhancement application preferred under Section 127 (1) of the Code
of Criminal Procedure.
The
amount is being deposited with the Family Court, Ahmedabad. Registry
is, therefore, directed to ascertain and to ask the Registrar /
Superintendence of the learned Family Court, Ahmedabad to intimate to
this Court as to how much amount in the proceedings between parties
initiated under Section 125 and 127 (1) of the Code of Criminal
Procedure, has been deposited till date by the
petitioner-opponent-Thakor Vijaysinh Laxmansinh.
In
the same way, learned Principal Senior Civil Judge, Mehsana may be
asked to furnish the details of amount of alimony deposited by the
petitioner in compliance of the order passed by the learned Judge
below application preferred under Section 24 of the Hindu Marriage
Act. These details be sent at the earliest so as to reach this Court
preferably on or before 31/03/2009.
Now,
this matter stands adjourned to 01/04/2009 with a direction to
parties to appear in person. This is a case where pending litigation,
the petitioner husband requires to be asked to deposit the amount
of maintenance / alimony in any one court, because it would be
convenience to the parties. As per settled legal position, amount of
maintenance granted under Section 125 of the Code of Criminal
Procedure can be ordered to be adjusted against the amount of alimony
granted under Section 24 of the Hindu Marriage Act.
Order
and Direction accordingly.
(C.K.BUCH,
J.)
sompura
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