AMIT HASMUKHBHAI SHAH Vs. ARCHANA AMIT SHAH

JUDGEMENT

(1.) By way of the present appeal under Clause 15 of the Letters Patent, the present appellant has challenged a CAV judgement dtd. 27/09/2018 passed by learned Single Judge of this Court in Special Civil Application No.14887 of 2017, by which, the petition filed at the instance of the respondents, has been accepted and maintenance, which was not granted in favour of the wife, has been allowed and maintenance granted in favour of the daughter, has been increased and in all the appellant has been ordered to pay an amount of Rs.50,000.00 per month to the respondents i.e. wife and daughter of the appellant.

(2.) At the outset, Ms.Shailaja, learned advocate appearing for the respondents i.e. wife and daughter has raised an objection about maintainability of the appeal, which has been filed under clause 15 of the Letters Patent under Rule 81 of Chapter- VI of The Gujarat High Court Rules, 1993 (hereinafter referred to as "the Rules").

(3.) Ms.E.Shailaja, learned advocate for the respondents would submit that the present appellant has filed a petition under sec. 13 of the Hindu Marriage Act,1955 seeking decree of divorce on various grounds. An application under sec. 24 of the Hindu Marriage Act was submitted by the wife seeking maintenance during the pendency of the Divorce Petition filed by her husband. The application was exhibited as Exh.15 in the said petition being Hindu Marriage Petition No.534 of 2012. Family Court, Vadodara vide order dtd. 12/05/2017 accepted the said application in part and granted maintenance only to the daughter to the tune of Rs.5,000.00 per month, however refused to grant any maintenance to the wife. The said decision was challenged by the wife by filing writ petition being Special Civil Application No.14887 of 2017 under Article 227 of the Constitution of India, which has been allowed. She would submit that when the Court has exercised its power under Article 227 of the Constitution of India arising from the order of Civil Court, the present Letters Patent Appeal is not maintainable and therefore, the present appeal may be dismissed only on this ground.