SETURAM LAXMANBHAI VAGHELA Vs. USHABEN MANJIBHAI DHAREJIA

JUDGEMENT

(1.) RULE . Mr.Gaurav J.Dave, learned advocate, waives service of notice of Rule on behalf of the respondent. On the facts, and in the circumstances of the case and with the consent of learned counsel for the respective parties, the petition is being heard and decided finally.

(2.) THIS petition, under Article 227 of the Constitution of India, has been preferred, laying challenge to the order dated 29.06.2011, passed by the learned Judge, Family Court No.4, Ahmedabad ("Family Court" for short), below the application at Ex.5 in Family Suit No.401 of 2010, whereby the respondentwife has been granted interim maintenance at the rate of Rs.3,000/per month and the son of the petitioner and respondent has been granted maintenance at the rate of Rs.2,000/per month, under Section 24 of the Hindu Marriage Act, 1955 ("the Act" for short), with effect from 05.04.2010 (the date of the application) till the final disposal of the Family Suit.

(3.) BRIEFLY stated, the facts of the case are that the marriage between the petitioner and the respondent took place on 15.05.1985. The case of the petitioner is that respondent deserted him by going away with another person and stopped residing with the petitioner. She voluntarily left the matrimonial house, taking their son with her. The respondentwife filed a suit in the Family Court at Ahmedabad, being Family Suit No.401 of 2010, for restitution of conjugal rights under Section 9 of the Act, which is pending. The respondent also filed an application at Ex.5 for grant of maintenance pendente lite. The said application has been allowed by the impugned order. Aggrieved thereby, the petitioner has approached this Court, by filing the present petition.