HANSABEN ASHVINKUMAR K. PATEL Vs. ASHWINKUMAR KACHARABHAI PATEL

JUDGEMENT

(1.) 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. Brief facts are as under:

(2.) 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.

(3.) SUCH application is opposed by the husband. An affidavit -in -reply dated 13th October, 2014 was filed denying that he was engaged in the printing business, clarifying that he was doing printing business only as job work. He had filed income tax return for the assessment year 2012 -13, where his business income was shown to be Rs. 41,199/ - per year. It was also contended that the application itself is not maintainable. Along with his affidavit, he had produced the statement of his bank account for the period between 1.3.2009 to 18.3.2014. In such account, we had noticed two outward entries of Rs. 3,50,000/ - each dated 26.4.2014 and 29.4.2014 in favour of one Sudhaben Yogeshkumar. Under order dated 20.11.2014, we had called upon the husband to reveal his relation with the said person and also the reason for payment of such large amount to her. He was also asked to disclose the source of these deposits, why they were made in cash and supporting evidence for the same.