FALGUNIBEN Vs. MOULESHKUMAR INDRAVADAN PATEL

JUDGEMENT

(1.) Admit, Mr. B.K. Oza, Isarned counsel appearing for the respondent husband waives service of notice.

(2.) This is a matrimonial matter between the appellant-wife and respondent- husband where Ms. L.R. Abichandani, Judge, Family Court No. 3, Ahmedabad partly decreed the suit filed by the present respondent-husband and dissolved the marriage between the parties on the ground of cruelty under Section 13(1) (1-a) of the Hindu Marriage Act, 1955 (for short "the Act") and ordered the husband to pay Rs.1,500/= p.m. to his wife towards permanent alimony from the date of judgment till she gets remarry or survive and also ordered the husband to pay Rs. 1,200/ = p.m. to his wife towards the maintenance of her minor child from the date of judgment till the age of majority, this impugned judgment and order dated 13. 10. 2004 passed by the learned Judge, Family Court No. 3, Ahmedabad: in Family Suit No. 1721 of 2000 is challenged in this appeal by the appellant- wife.

(3.) In this case, initially on 4.11.2004 Division Bench consisting of A.M. Kapadia and D.II. Waghela, JJ. ordered to issue notice making it returnable on 8.12.2004 and on Civil Application ad-interim relief in terms of para 5(c) was granted whereby the impugned judgment and order passed by the learned Judge of Family Court was stayed. Thereafter, the matter was adjourned from time to time and on 20.12.2004, the Division Bench consisting of M.S. Shah and D.H.Waghela, JJ. adjourned the matter to 10.1.2005 enabling the parties to appear before the Lok Adalat / permanent Lok Adalat for amicable settlement. Thereafter, on 25.1.2005 another Division Bench of this court consisting of Dr. Justice J.N.Bhatt and M.D. Shah, JJ, after considering the submissions of the learned counsel for the parties, on their joint request directed the Registry to place the matter before the permanent Lok Adalat on 9.2.2005. Accordingly, it was placed before the Permanent Lok Adalat consisting of Hon'ble Mr. Justice J.P.Desai (retd.) and Hon'ble Mr. M.M.Parikh (retd.). We find from the order sheet dated 9.2.2005 passed by the Hon'ble Members of the Permanent Lok Adalat that the parties were present with their advocates and the matter was kept on 16.2.2005. On 16th parties were present before the court. Brother of appellant -Falguniben and father of husband Mouleshkumar were also present. Hon'ble Mr. Justice J.P. Desai (retd.) called the parties alone and tried to find out some solution. But, the husband-Mouleshkumar stated that it is not possible for him to stay with his wife-Falguniben though she was prepared to stay with him. Taking note of the attitude of the husband. His Lordship observed that no settlement is possible and the matter was sent back to regular court. Accordingly, it is placed today before us.