SCA/27943/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 27943 of 2007 With CIVIL APPLICATION No. 8447 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 ? ========================================= = MANJULABEN PRABHUDAN GADHVI - Petitioner(s) Versus HEMATDAN GOPALJI GADHVI - Respondent(s) ========================================= = Appearance : MR SP MAJMUDAR for Petitioner(s) : 1, MR PP MAJMUDAR for Petitioner(s) : 1, SERVED BY AFFIX.-(R) for Respondent(s) : 1, MR AM PAREKH for Respondent(s) : 1, ========================================= = CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 05/08/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner-original applicant, Manjulaben Prabhudan Gadhvi, has prayed for appropriate writ, SCA/27943/2007 2/4 JUDGMENT order or direction and to quash and set aside the order dated 14/08/2007 passed by the learned Additional Civil Judge, Dwarka in Civil Miscellaneous Application No. 8/1998 by which the learned trial Court has dismissed the said application submitted by the petitioner for taking appropriate action against the respondent-husband under the Contempt of Courts Act for not complying with the order passed by the learned trial Court with respect to the interim alimony at the rate of Rs. 1000/- per month. 2. Pursuant to the non bailable warrant issued by this Court, the respondent has appeared through his advocate Shri A.M. Parekh. Shri A.M. Parekh, learned advocate appearing on behalf of the respondent has submitted that pursuant to the order passed by this Court, the respondent-husband has already deposited Rs. 25,000/- with this Court for which an order has already been passed permitting the applicant to withdraw the said amount. It is submitted that at the relevant time, arrears of interim alimony was approximately Rs. 1,32,000/-, out of which, now Rs. 25,000/- is already paid, and the balance arrears of interim alimony would be approximately Rs. 1,07,000/-. 3. Shri A.M. Parekh, learned advocate appearing on behalf of the respondent-husband, who is personally present in the Court, has submitted that the arrears of interim alimony would be cleared by the respondent-husband by monthly instalment of Rs. 7500/- per month and over and above, the respondent- husband would also continue to pay the interim alimony at the rate of Rs. 1000/- per month regularly. It is submitted by him that the aforesaid amount of instalment at the rate of Rs. SCA/27943/2007 3/4 JUDGMENT 7500/- monthly and the regular alimony of Rs. 1000/- would be deposited by the respondent-husband with the learned Civil Judge (Junior Division), Dwarka before the 7th day of each month. It is further submitted that necessary undertaking to that effect is filed by the respondent-husband, which is to be kept on record. The respondent-husband is directed to act as per the undertaking and is directed to clear the arrears by making monthly instalment of Rs. 7500/- to be deposited by him with the learned Civil Judge (Junior Division), Dwarka on or before 7th day of each month. The respondent-husband shall also pay the regular interim alimony at the rate of Rs. 1000/- per month on the 7th day of each month. On such deposit, the learned trial Court shall permit the petitioner to withdraw the said amount and shall pay the same to the petitioner-wife on proper identification by an account payee cheque within a period of ten days from the date of such deposit. 4. With this, the present Special Civil Application is disposed of. Rule is made absolute to the aforesaid extent. 5. In view of the above, non bailable warrant issued by this Court pursuant to the order dated 14/07/2008 in Special Civil Application No. 27943/2007 is hereby cancelled. 6. Direct service is permitted. CIVIL APPLICATION No. 8447/2008 In view of disposal of Special Civil Application No. 27943/2007, no order on the Civil Application, and the same is disposed of accordingly. SCA/27943/2007 4/4 JUDGMENT (M.R. SHAH, J.) siji