MINAL DHAVAL PANCHAL Vs. DHAVAL KANTILAL PANCHAL

JUDGEMENT

(1.) RULE. Mr. Prbhav Mehta, learned Advocate waives service of rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(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, order or direction quashing and setting aside the impugned order dated 28. 03. 2008 passed by the learned Principal Judge, Family Court No. 1, Ahmedabad in H. M. P. No. 196 of 2007 in so far as awarding Rs. 6000/- per month only towards interim alimony under Section 24 of the Hindu Marriage Act to the applicant and her minor child.

(3.) THE applicant ?" wife had initiated proceedings under the Hindu Marriage Act before the Family Court, Ahmedabad being H. M. P. Suit No. 445 of 2003 for restitution of conjugal rights and the petitioner also filed H. M. P. No. 196 of 2007 in the Family Court, Ahmedabad on 19. 02. 2007 under Section 24 of the Hindu Marriage Act claiming maintenance / alimony at the rate of Rs. 23,600/- towards pendente lite to the applicant and the child and further Rs. 20,000/- towards expenses for the proceedings. Application below Exh. 5 was submitted for interim alimony. It was contended on behalf of the applicant wife that respondent ?" husband is serving in Adani Retail Ltd. as Sales and Marketing Manager and his income is Rs. 45,000/- per month. It was submitted that initially the applicant wife was serving in St. Kabir School and earning Rs. 2850/- per month and subsequently she resigned. It was submitted that her minor son is studying in St. Kabir School and for his education it was prayed for an appropriate order of award of Rs. 23,600/- per month as interim alimony.