DEEPAKKUMAR HASMUKHLAL JAISWAL Vs. SANDHYABEN DEEPAKKUMAR JAISWAL

JUDGEMENT

(1.) THE appellant original defendant has filed this Second Appeal under Section 100 and 101 of the Civil Procedure Code challenging the judgment and decree dated 1.7.2007 passed by the learned Additional District Judge, Patan, in Regular Civil Appeal No.58 of 2006, partly setting aside the judgment and decree of the maintenance dated 31.1.2006 passed by the learned Second Additional Senior Civil Judge, Patan in Special Civil Suit No.33 of 2000. The learned District Judge has awarded maintenance of Rs.6,000/ - as against Rs.1200/ - awarded by the learned Civil Judge, Patan.

(2.) HEARD Mr. P.V.Hathi, learned advocate appearing for the appellant and Mr.Mehul Sharad Shah, learned advocate appearing on caveat on behalf of the respondent wife. It is the case of the appellant that in 1979 the respondent wife has moved an application under Section 125 of the Criminal Procedure Code claiming maintenance and amount of Rs.400/ - was awarded. She has not initiated any proceeding nor moved any application for enhancement for about 20 years. Thereafter, in the year 2000, Special Civil Suit No.33 of 2000 was filed claiming maintenance of Rs.12000/ - p.m. The Court has passed an interim maintenance of Rs.4,000/ -. The said order was challenged by way of Civil Revision Application before this Court. Because of the amendment in the Civil Procedure Code, Revision was withdrawn and Special Civil Application was filed. However, this Court did not interfere in the Special Civil Application. Thereafter, Letters Patent Appeal was filed and it was also dismissed and hence interim maintenance which was awarded by the trial Court has been confirmed by this Court.

(3.) DESPITE this fact, learned trial Judge has awarded the maintenance of Rs.1200/ - only while disposing of the suit which has been challenged in Appeal before the District Court by the respondent wife and the District Court has awarded the maintenance of Rs.6,000/ - p.m. from the date of filing of the suit before the trial Court.