SCA/19312/2006 1/3 JUDGMENT THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 19312 of 2006 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 ? ========================================================= YURAJ SAHEBRAO SURYAVANSHI - Petitioner(s) Versus KOKILABEN W/O YUVRAJ SAHEBRAO SURYAVANSHI - Respondent(s) ========================================================= Appearance : MR VILAS G GOSWAMY for Petitioner(s) : 1, NOTICE SERVED BY DS for Respondent(s) : 1, MS KJ BRAHMBHATT for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 04/12/2008 ORAL JUDGMENT 1. RULE. Ms.Kalpana Brahmbhatt, learned advocate waives the service of notice of rule on behalf of the respondent. 2. With the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken SCA/19312/2006 2/3 JUDGMENT up for final hearing today. 3. By way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or directions quashing and setting aside the order dtd.24/7/2006 passed by the learned Principal Senior Civil Judge, Surat below application Ex.16 in Hindu Marriage Petition No.44 of 2005 so far as it pertains to grant of maintenance to the respondent No.2 at the rate of Rs.5000 per month. 4. Having heard the learned advocates appearing on behalf of the respective parties and considering the material on record, it appears that one another proceedings under sec.125 of the Code of Criminal Procedure is also pending between the same parties and in the said proceeding, pursuant to the order passed by the revisional court, the petitioner is required to pay Rs.1500 per month and the said application is yet to be decided and disposed of on merits. 5. By interim order dtd.18/9/2006, the learned Single Judge of this Court granted ad-interim relief modifying the impugned order directing the petitioner to pay a sum of Rs.2500 instead of Rs.5000 as directed by the learned trial court and the petitioner was directed to deposit arrears on or before the returnable date and thereafter continue to deposit of Rs.2500 till final disposal of the petition. 6. There is broad consensus between the learned advocates appearing on behalf of the respective parties that the interim order passed by this Court dtd.18/9/2006 in Special Civil Application 19312 of 2006 be made absolute without prejudice to the rights and contentions SCA/19312/2006 3/3 JUDGMENT of the respective parties and without prejudice to the proceedings pending between the parties under sec.125 of the Code of Criminal Procedure. 7. Accordingly, for the reasons stated above and in view of the above broad nonsenses between the parties and their advocates, the ad-interim order dtd.18/9/2006 passed in Special Civil Application 19312 of 2006 is made absolute and the impugned order dtd.24/7/2006 passed by the learned Principal Senior Civil Judge, Surat below application Ex.16 in Hindu Marriage Petition No.44 of 2005 so far as it pertains to grant of maintenance to the respondent No.2 at the rate of Rs.5000 per month, is modified to the aforesaid extent, meaning thereby the petitioner husband shall continue to pay Rs.2500 and except the payment of cost, as ordered by the court below in the impugned order. However, it is clarified that the same would be without prejudice to the rights and contentions of the respective parties in the proceeding pending between the parties under sec.125 of the Code of Criminal Procedure. Rule is made absolute to the aforesaid extent. No costs. [M.R. SHAH, J.] rafik