YURAJ SAHEBRAO SURYAVANSHI Vs. KOKILABEN YUVRAJ SAHEBRAO SURYAVANSHI

JUDGEMENT

(1.) RULE. Ms. Kalpana Brahmbhatt, learned advocate waives the service of notice of rule on behalf of the respondent. With the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing today.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioner has prayed for appropriate writ, order and/or directions quashing and setting aside the order dtd. 24/7/2006 passed by the learned Principal Senior Civil Judge, Surat below application Ex. 16 in Hindu Marriage Petition No. 44 of 2005 so far as it pertains to grant of maintenance to the respondent No. 2 at the rate of Rs. 5000 per month.

(3.) HAVING heard the learned advocates appearing on behalf of the respective parties and considering the material on record, it appears that one another proceedings under sec. 125 of the Code of Criminal Procedure is also pending between the same parties and in the said proceeding, pursuant to the order passed by the revisional court, the petitioner is required to pay Rs. 1500 per month and the said application is yet to be decided and disposed of on merits.