CRA/83/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No. 83 of 2007 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 ? ========================================================= SUSHMABEN RAJENDRAKUMAR JAISWAL - Applicant(s) Versus RAJENDRAKUMAR RAMANLAL JAISWAL - Opponent(s) ========================================================= Appearance : MR GOVIND V PATEL for Applicant(s) : 1, MR MANOJ SHRIMALI for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 05/08/2008 ORAL JUDGMENT 1. RULE. Mr.Manoj Srimali, learned advocate waives the service of notice of rule on behalf of the respondent. 2. With the consent of the learned advocate appearing on behalf of the respective parties, the matter is taken up for final hearing. CRA/83/2007 2/3 JUDGMENT 3. By way of this Civil Revision Application, the petitioner wife - original applicant has prayed for an appropriate order to quash and set aside the order passed 15/9/2006 passed by the learned Judge, Family Court No.3, Ahmedabad below Ex.4 in Family Suit No.614 of 2003 in so far as awarding interim alimony under sec.24 of the Hindu Marriage Act at the rate of Rs.1000=00 per month only. 4. Mr.Srimali, learned advocate appearing on behalf of the respondent – husband under the instruction of his client has submitted that if the amount of interim alimony is enhanced from Rs.1000=00 to Rs.2250=00 and the impugned order is modified to that extent, he has no objection. He has submitted that the respondent - husband will pay the interim alimony at the rate of Rs.2250=00 per month to the petitioner - wife regularly. 5. Mr.Patel, learned advocate appearing on behalf of the petitioner has submitted that the petitioner would be satisfied at this stage if the interim alimony is enhanced from Rs.1000=00 to Rs.2250=00 per month from the date of application i.e. 30/7/2003. 6. Considering the above, present Civil Revision Application is allowed. The impugned order passed 15/9/2006 CRA/83/2007 3/3 JUDGMENT passed by the learned Judge, Family Court No.3, Ahmedabad below Ex.4 in Family Suit No.614 of 2003 in so far as awarding interim alimony under sec.24 of the Hindu Marriage Act at the rate of Rs.1000=00 per month, is modified to the extent that the petitioner wife – original applicant shall be entitled to get interim alimony of Rs.2250=00 instead of 1000=00 per month from the date of application i.e. 30/7/2003. The respondent husband is directed to pay arrears within a period of two months from today and is further directed to pay interim alimony at the rate of Rs.2250=00 per month regularly. Rule is made absolute accordingly. [M.R. SHAH, J.] rafik