Gujarat High Court
Ganeshkumar Gokulbhai Rana vs Jyotiben W/O. Ganeshkumar Gokulbhai ... on 23 September, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/943/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 943 of 2015
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GANESHKUMAR GOKULBHAI RANA....Applicant(s)
Versus
JYOTIBEN W/O. GANESHKUMAR GOKULBHAI D/O. ASHOKBHAI LALLUBHAI RANA &
2....Respondent(s)
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Appearance:
MR VIJAY H NANGESH, ADVOCATE for the Applicant(s) No. 1
MS MEDHA N PANDYA, ADVOCATE for the Respondent(s) No. 1
NOTICE UNSERVED for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 23/09/2015
ORAL ORDER
1. By this application under Article 227 of the Constitution of India, the petitioner-husband has prayed for the following reliefs:-
"(A) YOUR LORDSHIP be pleased to admit this petition.
(B) YOUR LORDSHIP be pleased to quash and set aside impugned order dated 25.11.2014 passed by Ld. Judge, Family Court, Surat in Maintenance Application No.643 of 2014 under Ex-5 in the interest of justice.
(C) YOUR LORDSHIP be pleased pending admission and final hearing and final disposal of this petition pleased to stay the implementation and execution of the order dated 25.11.2014 passed by Ld. Judge, Family Court, Surat in Maintenance Application No.643 of 2014 under Ex.-5 in the interest of justice.
(D) YOUR LORDSHIP be pleased to grant such other and further relief(s) as deem fit to grant in the interest of justice."
2. On 23rd February, 2015, the following order was Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Sep 25 02:07:36 IST 2015 R/SCR.A/943/2015 ORDER passed:-
"Notice returnable on 17th March 2015. Learned APP Ms. Punani waives service of notice for respondent No.3 State of Gujarat. In the meantime, there shall be ad-interim relief in terms of para 9(C) on condition that the petitioner shall deposit 50% of the outstanding amount within a period of 15 days from today before the Registry of this Court and on his filing undertaking before this Court that he will continue to pay the amount of maintenance at the rate of Rs.4,500/- per month from April 2015 till the final disposal of this petition. It will be open for the respondent Nos. 1 and 2 to request for disbursement of the amount.
It is clarified that the payment of maintenance at the rate of Rs.4,500/- per month shall be subject to the outcome of this petition.
3. Having heard the learned counsel appearing for the parties and having gone through the materials on record I do not find any error, not to speak any error of law, said to have been committed by the Court below in passing the impugned order. The impugned order is an interim order of maintenance. The proceedings are still pending before the Family Court. The Family Court shall see to it that the proceedings are disposed of expeditiously in accordance with law.
4. The difference towards arrears of interim maintenance for the period between March, 2015 till this date shall be recovered from the husband as per the final Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Sep 25 02:07:36 IST 2015 R/SCR.A/943/2015 ORDER order that the Family Court may pass in the proceedings. It is needless to clarify that the Court below shall decide the main matter without being influenced by the fact that this application has been rejected.
5. With the above, this application is rejected. Notice discharge. Ad-interim order earlier granted stands vacated.
(J.B.PARDIWALA, J.) Manoj Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Sep 25 02:07:36 IST 2015