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2016 Supreme(Guj) 1333

M.R.SHAH, A.S.SUPEHIA
Pravinsinh Himmatsinh Solanki – Appellant
Versus
Induben Solanki – Respondent


Advocates Appeared:
For Appellant :Dharitri Pancholi for H.L. Patel, Advocates
For Respondents:S.P. Majmudar and Shashvata U. Shukla, Advocates

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Family Court, Godhara in Hindu Marriage Petition No. 139 of 2010 (Old HMP No. 7 of 2010) dated 30/6/2015, by which the learned Judge has dismissed the Hindu Marriage Petition on the ground that the appellant herein - husband - original opponent has failed to pay arrears of maintenance to the respondent wife.

2. Facts leading to the present appeal, in nutshell, is as under:-

2.1. The appellant herein - husband filed Hindu Marriage Petition No. 7 of 2010 which was subsequently renumbered as Hindu Marriage Petition No. 139 of 2010 on the file of the learned Family court, Godhara for the decree of divorce - dissolution of marriage under section 13(1)(A) of the Hindu Marriage Act.

2.2. It appears that there was some order passed by the learned Family Court below application Ex. 33 awarding/granting interim maintenance to the wife and by order dated 21/2/2014, the learned Family court has awarded Rs. 15,000/- per month to the wife towards interim maintenance.

2.3. It appears that, according to the wife, the appellant herein - husband did not clear arrears of interim mainten






































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