AMITBHAI BHUPATRAI DESAI Vs. CHARMIBEN AMITBHAI DESAI

JUDGEMENT

(1.) RULE . Learned advocate Ms.Megha Chitalia waives service of rule for respondents no.1 and 2 and learned APP Ms.Jhaveri waives service of rule for respondent State.

(2.) HEARD learned advocate Mr.Ravjani for the applicant and learned advocate Ms.Chitalia for respondents no.1 and 2 and learned APP Ms.Jhaveri for respondent State.

(3.) THE petitioner husband has challenged the order of interim maintenance in favour of respondents no.1 and 2 being his wife and minor daughter in Criminal Misc.Application No.590 of 2013 by Family Court, Rajkot below Exh.5 dated 17.1.2014 as well as below Exh.18 dated 16.7.2014. By order below Exh.5, the Family Court, Rajkot has awarded an amount of Rs.15000/ - towards maintenance of respondent no.1 wife and Rs.10000/ - towards maintenance of respondent no.2 minor daughter, totalling Rs.25000/ -, but with a rider/condition that such amount is payable only if present petitioner seeks more than two adjournments at any stage of proceeding. Whereas, by order below Exh.18, the Family Court, Rajkot has directed to recover the amount of maintenance from 26.6.2013 being the date of filing of main application, while permitting the petitioner to engage an advocate, observing that the petitioner is delaying the matter for unknown reasons and when petitioner wants to change his advocate before the trial Court.