SUO-MOTU Vs. VALLABHKUMAR NANJIBHAI KAKADIYA

JUDGEMENT

(1.) In this suo-motu petition namely, Misc. Civil Application (For Contempt) No.2122 of 2015 in Civil Application No.4091 of 2015 in First Appeal No.1605 of 2010, the applicant-wife of respondent-Vallabhkumar Nanjibhai Kakadiya filed the Family Suit No.769 of 2005 before the learned Family Court, Ahmedabad for maintenance of Rs.50,000/- per month under section 18 of the Hindu Adoption and Maintenance Act, 1956 on 30.8.2005 and Family Suit No.971 of 2005 for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955 on 28.10.2005. Claiming maintenance of Rs.40,000/- per month under section 125 of the Code of Criminal Procedure Code, 1973, proceedings were initiated by the wife of respondent on 22.8.2005. A common judgment and order was passed by Family Court No.2, Ahmedabad on 18.9.2009 whereby Family Suit No.769 of 2005 was allowed and the respondent was directed to pay maintenance of Rs.30,000/- per month and House No.B/105 of Akshardeep Apartment at Bhavnagar, where the applicant was staying, may not be vacated by wife till her death and the respondent was directed to pay rent and other maintenance etc. However, Family Suit No.971 of 2005 filed for restitution of conjugal rights came to be dismissed. Criminal Misc. Application No.2080 of 2005 filed under section 125 of the Code of Criminal Procedure, 1973 was also dismissed. First Appeal No.1605 of 2010 was filed before this Court challenging the judgment and order dated 18.9.2009 by the applicant wife against dismissal of family suit for restitution of conjugal rights under section 9 of the Hindu Marriage Act. The respondent herein as well filed First Appeal No.529 of 2010 before this Court challenging judgment and order passed by the Family Court No.2, Ahmedabad in Family Suit No.769 of 2005 against order of maintenance of Rs.30,000/- per month.

(2.) While admitting First Appeal No.529 of 2010 filed by the respondent herein, a specific order for maintenance of Rs.18,000/- per month was passed vide order dated 9-7-2010 and on the condition as above, judgment dated 18.9.2009 passed by the Family Court, Ahmedabad was stayed.

(3.) Special Criminal Application No.2343 of 2009 was preferred by the applicant-wife before this Court for dismissing maintenance application filed under section 125 of Cr.P.C. for seeking maintenance of Rs.40,000/- per month. The above application was disposed of vide order dated 6-7- 2010 and the Family Court was directed that recovery application filed by the wife which is to come up for further hearing on 14.7.2010 to be decided as expeditiously as possible but not later than 10.8.2010.