JANKIBEN NARENDRABHAI TRIVEDI Vs. GAURANGBHAI DALSUKHBHAI PANDYA

JUDGEMENT

(1.) Challenge in this petition is made by the wife to the order passed by the Family Court, Bhavnagar dated 19.08.2017 below Exh.12 in Family Suit No.272 of 2013 (Old No.30 of 2012). By the impugned order, the Family Court has ordered that the husband shall pay an amount of Rs.15,000/- per month to the wife from the date of the application. The wife has challenged the said order before this Court in this petition, seeking enhancement of the maintenance amount.

(2.) Mr.Bharat Naik, learned senior advocate with Mr.Umang Vyas, learned advocate for the petitioner wife has submitted that, the Family Court fell in error by awarding the amount on lower side. It is submitted that the husband had also filed separate petition contending that even Rs.15,000/- ought not to have been granted to the wife, however this Court has, vide order dated 14.09.2018, dismissed the said petition being Special Civil Application No.22323 of 2017. It is submitted that, the wife is entitled to live with equal dignity, that of the husband. Reliance is placed on the decision of the Supreme Court of India in the case of Manish Jain Vs. Akansha Jain reported in AIR 2017 SC 1640. It is submitted that this petition be allowed.

(3.) On the other hand, Mr.Dipen Dave, learned advocate for the respondent husband has submitted that the respondent has the responsibility of his aged parents and the respondent was getting only Rs.40,000/- as his net salary at the relevant time. Learned advocate for the petitioner has taken this Court through the pleadings on record and has submitted that even the wife is a qualified doctor (B.A.M.S.) and that factor should also be taken into consideration by the Court. It is submitted that the husband is staying at Mumbai and huge expenses are being incurred even to stay there. It is submitted that considering this aspect, the Trial Court ought not to have granted even Rs.15,000/- per month to the wife. Reliance is placed on the decision of the Madhya Pradesh High Court in the case of Mamta Jaiswal Vs. Rajesh Jaiswal reported in - Laws (MPH)-2000-3-38. It is submitted that this petition be dismissed.