LAWS(GJH)-2010-5-20

CHANDRAKANT GOVINDRAM KAKDE Vs. SHITAL CHANDRAKANT KAKDE

Decided On May 14, 2010
CHANDRAKANT GOVINDRAM KAKDE Appellant
V/S
SHITAL CHANDRAKANT KAKDE Respondents

JUDGEMENT

(1.) This Civil Revision Application is preferred by the applicant- husband challenging the impugned order passed by learned 3rd Joint Civil Judge (S.D.), Bhavnagar below Exh-5 in Special Civil Suit No.106 of 1993 awarding interim maintenance to the respondent-wife at the rate of Rs.5,000/- per month.

(2.) Considering the impugned order passed by the learned Trial Court, it cannot be said that the learned Trial Court has committed any error or illegality in awarding maintenance at the rate of Rs.5,000/- per month against the claim of respondent-wife of Rs.25,000/- per month. It is to be noted that the main Suit is yet to be decided and disposed of by the Trial Court and, therefore, the amount paid towards maintenance is subject to the ultimate outcome of the Suit and at the time of final disposal of the Suit, the same can be adjusted against the amount of future maintenance. No case is made out to interfere with the order passed by the Trial Court in exercise of power under Section 115 of the Code of Civil Procedure.

(3.) Under the circumstances, the present Civil Revision Application deserves to be dismissed and is accordingly dismissed. Notice is discharged. No order as to costs.