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AKIL KURESHI, VIPUL M.PANCHOLI
Hansaben – Appellant
Versus
Ashwinkumar Kacharabhai Patel – Respondent
Akil Kureshi, J.—This application is filed by the respondent of the First Appeal seeking enhancement in the alimony from that of Rs.1,500 per month fixed by the Family Court in the Family Suit to Rs.10,000 per month.
2. Brief facts are as under:
3. Applicant is wife of present opponent. The husband had filed Family Suit No.50 of 2007 before the Family Court, Ahmedabad, seeking decree of divorce under Section 13(1) of the Hindu Marriage Act, 1955 (“the Act” for short) on various grounds. The Family Court disposed of such suit by judgment dated 7th June 2011. Husband’s Family Suit was allowed in part. Prayer for decree of divorce was not accepted. However, the learned Judge ordered judicial separation between the couple from the date of the judgment and decree. While doing so, the husband was ordered to pay permanent alimony at the rate of Rs.1,500 per month to the wife from 1st June 2009.
4. The husband has filed present First Appeal No.2254 of 2011 challenging the judgment of the Family Court. Such appeal is admitted and is pending. Pending such proceedings, the wife filed this Civil Application purportedly under Section 24 of the Act seeking enhancement in the alimony from Rs
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