Gujarat High Court
Navneet Ambalal Parmar vs State Of Gujarat & on 21 December, 2015
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/20587/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 20587 of 2015
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NAVNEET AMBALAL PARMAR....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR DARSHIT R BRAHMBHATT, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 21/12/2015
ORAL ORDER
By way of present petition, the petitioner - husband challenges order under Exh.9 in Regular Civil Suit No.16 of 2015, whereby the learned 3rd Additional District Judge, Nadiad directed the petitioner to pay Rs.3000/- per month towards maintenance pendentelite alimony from the date of application i.e. from 28.8.2015, Rs.10,000/- towards legal maintenance to prosecute the petition and Rs.5000/- towards travelling expenses to the respondent - wife.
Upon perusal of the impugned order, it appears that the respondent - wife is earning more than the petitioner husband. However, the learned trial Judge while relying upon the decision rendered by this Court in case of Firojbanu Shaikh Vs. State of Gujarat on 5.10.2015 in Special Criminal Application No.2359 of 2012, observed that the wife is entitled to only 1/5 share of husband income by way of Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Dec 22 02:39:45 IST 2015 C/SCA/20587/2015 ORDER pendentilite alimony. While making such observations, the learned trial Judge did not find that in spite of the fact that the respondent wife is earning more than the petitioner - husband, she is unable to maintain her for any legal and valid reasons. No such finding is recorded by the learned trial Judge and straightway ordered the petitioner to pay above amount of maintenance. Therefore, present petition deserves consideration.
Issue Notice returnable on 2.2.2016. Meanwhile, relief in terms of para 9(C) is granted.
(S.H.VORA, J.) shekhar Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Dec 22 02:39:45 IST 2015