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2001 Supreme(Guj) 813

Gujarat High Court
Judgename :J.R.Vora
Shaktisinh Ghanshyamsinh Parmar - Appellant
Versus
Kashmiradevi Shaktisinh Parmar - Respondent
C.R.A. 1344 of 1999
Decided On : 12/13/2001

Advocates Appeared: P.V.NANAVATI, S.S.PANESAR

Headnote:Hindu Marriage Act, 1955 (Central Act 25 of 1955) - Interim maintenance - Quantum thereof - Wife being deserted by husband, a senior Police Inspector, earning gross salary of Rs. 9,150/- p.m. - Husband having relation with another Lady - Father-in-law, heart patient mother-in-law and a minor child (8) studing in 3rd standard living with wife - Pension of father-in-law only Rs. 2,938/- p.m. - Trial Court awarding interim maintenance Rs. 5,000/- to wife and Rs. 1,000/- to minor child - Held, normal rule of one third part of net income has to be diviated in peculiar circumstances of present case - Revision filed by husband merit less - Impugned order upheld.

J. R. VORA, J.

( 1 ) THIS Revision is directed against an order passed by the learned City civil Judge, Court No. 14. Ahmedabad on 29. 4. 1999 below the application filed by opponent - wife at Exh. 10 in Hindu Marriage Petition No. 312/1998. It appears that the present applicant-husband preferred a Hindu Marriage Petition No. 312/1998 in the court of City Civil Judge and this application Exh. 10 came to be filed by wife - opponent for interim maintenance to the tune of Rs. 7,500/- for herself as well as for her minor child aged about 8 years.

( 2 ) IT was contented by the opponent - wife that the applicant has deserted her, even her father-in-law and mother-in-law are living with her alongwith the minor child aged about 8 years. . . It was stated that applicant was Senior Police Officer in the State government and. was earning Rs. 17,000/- p. m. and the present applicant original applicant - husband was also earning Rs. 12,000/- to Rs. 13,000/- p. m. from the other income like shares, debentures. It was contended that the parents-in-law are being looked after by wife - present opponent. It was contended that the son is studying in gujarat Law Society School in 3rd standard. In reply, the present application denied that he was earning Rs. 17,000/- p. m. and he produced a certificate from Senior Police inspector, Kagdapith Police Station, and according to the certificate his salary was Rs. 9,150/- gross. It was denied by the husband that he had some other income. The wife in her rejoinder reiterated that the say of the husband was not correct and that the husband, present applicant was staying somewhere else i. e. at C-405, Suvidha Apartment, which was purchased by him. The father-in-law of the opponent wife, is a retired Government servant and was getting only pension income of Rs. 2,938/- p. m. The mother-in-law of the opponent wife had severe heart trouble, costing medical treatment to the tune of Rs. 60,000/ -. After hearing both the sides, learned City Civil Judge directed the husband-present applicant to pay to the wife-opponent a sum of Rs. 5,000/- p. m. pendante lite every month towards interim alimony as well as Rs. 1,000/- p. m. towards the maintenance of their son every month. It was also directed that a sum of Rs. 5,0007- be paid by the opponent - husband to the wife towards the cost of the proceeding. The above order is under challenge in this Revision. The learned advocate Mr. M. R. Khatan for Mr. Panesar vehemently objected the order of the City Civil Judge on the grounds that the learned Judge believed the say of the opponent while a salary certificate that was issued by the Inspector Senior Officer of the present applicant denotes salary of Rs. 9,150. 00. The learned City Civil Judge wrongly concluded that there was no pay slip produced on the record and that in those circumstances the salary of the present applicant was to the tune of Rs. 17,000/ -. The learned advocate contended that now the pay slip is produced in this proceeding and the attention of this Court was drawn to the pay slip in which gross salary of the applicant for the month of June, 1999 is shown to be Rs. 9,150/ -. Therefore, it was urged that the trial Court erroneously believed that the salary of the applicant was Rs. 17,000/- and awarded amount of Rs. 1,000/- to the wife and Rs. 1,000/- to the minor child. In this revision petition, the quantum of the interim maintenance granted is impugned and not the whole order. It was, therefore, urged that only one third of the salary which is at interlocutory stage proved, can be awarded by the Court as an alimony. The learned advocate for the petitioner relied upon a decision of this Court in Ashokkumar Kantilal Rathod vs. Bhavnaben Ashokkumar Rathod, as reported in 2000 (4) GLR at page 3454 wherein the Court observed that normally rule would be to grant one third of the income of the husband as interim maintenance. The learned advocate for the petitioner also places reliance on another decision of t






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