Gujarat High Court
Madanmohan Rameshchandra ... vs Devanshi Madanmohan Swaminarayan on 18 September, 2014
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/12567/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12567 of 2014
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MADANMOHAN RAMESHCHANDRA SWAMINARAYAN....Petitioner(s)
Versus
DEVANSHI MADANMOHAN SWAMINARAYAN....Respondent(s)
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Appearance:
MR RASESH H PARIKH, ADVOCATE for the Petitioner(s) No. 1
MR.HEMANG H PARIKH, ADVOCATE for the Petitioner(s) No. 1
MS. KITTY S MEHTA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 18/09/2014
ORAL ORDER
1. Challenge in the present petition is order dated 9.7.2014 passed below application Exh.22 in Hindu Marriage Petition No.5 of 2013, whereby the learned 6th Additional Chief Judicial Magistrate, Ahmedabad (Rural) rejected the application.
2. Briefly stated, it appears that during the pendency of Hindu Marriage Petition No.5 of 2013, the respondent - wife moved an application under section 24 of the Hindu Marriage Act, 1955 claiming monthly maintenance of Rs.12,000/- from the petitioner. By way of application Exh.22, the petitioner has requested the learned trial Judge to permit the petitioner to cross-examine the respondent - wife as it would be difficult to decide the quantum of maintenance. In support of his submission, learned advocate Mr. Parikh pressed into service Page 1 of 2 C/SCA/12567/2014 ORDER decisions cited in ground (C) of the petition. In none of the case law, any party to the proceedings were permitted cross examination of wife in the matter of application filed under section 24 of the Hindu Marriage Act, 1955.
3. Considering the reasons assigned by the learned trial Judge, no illegality or impropriety is committed in the findings so recorded and therefore, no case is made out to interfere with the findings recorded by the learned trial Judge below application Exh.22 in exercise of powers under Article 227 of the Constitution of India. Accordingly, present petition stands dismissed.
4. The learned trial Judge is directed to expedite hearing of application filed under section 24 of the Act as expeditiously as possible.
(S.H.VORA, J.) shekhar Page 2 of 2