Navneet Ambalal Parmar vs State Of Gujarat & on 21 December, 2015
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
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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.