AMIT HASMUKHBHAI SHAH Vs. ARCHANA AMIT SHAH

JUDGEMENT

(1.) Letters Patent Appeal No. 34638 of 2018 is preferred under Clause-15 of the Letters Patent, wherein, C.A.V. judgment dated 27.9.2018 rendered by learned single Judge (Coram: Hon'ble Mr. Justice Paresh Upadhyay) in Special Civil Application No. 14807 of 2017 is under challenge.

(2.) Before the learned single Judge in the above petition, challenge was made by wife, respondent herein, along with her minor daughter to the order passed by Family Court, Vadodara, dated 12.5.2017 below Exh.15 in H.M.P. No. 534 of 2012, whereby, the mother and daughter prayed for interim maintenance from the appellant-husband/father. Above application was partly allowed and the learned Judge of the Family Court ordered the appellant-father to pay Rs.5,000/- per month as interim maintenance to the minor daughter with effect from the date of application and prayer for maintenance qua wife came to be rejected.

(3.) Before the learned single Judge, two-fold grounds were urged on behalf of the respondent-wife, namely, non-grant of maintenance to the wife on the ground that she was earning enough to maintain herself and that the maintenance of Rs. 5,000/- to the daughter was inadequate.