NILAMBEN MULJIBHAI J SOLANKI Vs. ARVINDKUMAR NANJIBHAI PARMAR

JUDGEMENT

(1.) RULE. Shri J. A. Adeshra, learned advocate waives service of rule on behalf of the respondents. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner original applicant wife has prayed for an appropriate writ, direction and order quashing and setting aside the impugned order dated 7. 1. 2006 passed by the learned 7th Additional Senior Civil Judge,mehsana passed below Exh. 4 in HMP No. 88 of 2004 in so far as not awarding interim maintenance/alimony at the rate fo Rs. 5,000/- per month and awarding Rs. 2500/- per month only.

(3.) HMP No. 88 of 2004 has been instituted by the appellant wife in the Court of learned Civil Judge (S. D.), Mehsana for restitution of conjugal rights and in the said application, applicant wife submitted application below Exh. 4 for interim alimony /maintenance under section 24 of the Hindu marriage Act claiming Rs. 5,000/- per month over and above, already awarded in other proceedings. Learned 7th Additional Senior Civil Judge, Mehsana by the impugned order dated 7. 1. 2006 partly allowed the said application awarding interim alimony at Rs. 2500/- per month from the date of the application and also awarded Rs. 500/- towards cost of said application. Being aggrieved and dissatisfied with the order passed by the learned trial Court below Exh. 4 in HMP Np. 88 of 2004 in awarding the interim alimony/maintenance at the rate of Rs. 2500/- per month, petitioner wife has preferred the present Special Civil Application under Article 227 of the Constitution of India.