Parth Bharatbhai Thakkar vs Bhavnaben Prafulbhai Thakkar ...
2022 Latest Caselaw 7781 Guj

    C/SCA/7655/2021                          ORDER DATED: 09/09/2022




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


    R/SPECIAL CIVIL APPLICATION NO. 7655 of 2021


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              PARTH BHARATBHAI THAKKAR
                          Versus
 BHAVNABEN PRAFULBHAI THAKKAR (TRIKMARA) W/O PARTH
                 BHARATBHAI THAKKAR
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Appearance:
DEVESH K SHAH(9595) for the Petitioner(s) No. 1
KAIVAN M DASTOOR(9322) for the Petitioner(s) No. 1
CHINTAN K GANDHI(8600) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                        Date : 09/09/2022

                           ORAL ORDER

[1.0] This petition is filed under Article 227 of the Constitution of India challenging the order passed by Principal Judge, Family Court, Gandhinagar dated 10.03.2021 below Exh.12 in Family Suit No.24 of 2020 whereby maintenance pendente lite at the rate of Rs.12,000/- per month was ordered by the Court in favour of the respondent - wife alongwith Rs.1200/- towards traveling expenses per adjournment and Rs.5000/- towards cost was ordered.

[2.0] Both the learned advocates for the parties produced the affidavits in pursuance of the judgment of the Supreme

C/SCA/7655/2021 ORDER DATED: 09/09/2022

Court, which was not available before the Family Court when the maintenance pendente lite was determined. However, both the learned advocates have agreed that they shall file the affidavits before the Family Court and in view of the affidavits filed by both of them, it is submitted by the learned advocates that the Family Court may be directed to determine the maintenance pendente lite afresh however without being influenced by the order passed by it earlier. Learned advocate for the petitioner has further agreed that till that application is determined afresh, he would go on paying the maintenance pendente lite at the rate of Rs.12,000/- per month, however he has requested that the Family Court be directed to determine the same within the stipulated time.

[3.0] In view thereof, the impugned order dated 10.03.2021 passed by the Principal Judge, Family Court, Gandhinagar below Exh.12 in Family Suit No.24 of 2020 is hereby quashed and set aside and it is remanded back to the concerned Court for a decision afresh not only for maintenance pendente lite but also for deciding the amount towards traveling and other expenses as also the cost after permitting the parties to tender the affidavits in view of the decision of the Supreme Court before it with a further direction to determine the same without being influenced by the order passed by it earlier. At the same time, the petitioner is hereby directed to pay maintenance pendente lite as ordered by the Court till fresh decision is rendered by the Court concerned on remand. It is expected that the Court concerned would determine the application after having the affidavits on record from both the sides within a period of four weeks form the

C/SCA/7655/2021 ORDER DATED: 09/09/2022

service of writ of this Court.

[4.0] In view thereof, this petition is allowed to the aforesaid extent.

(UMESH A. TRIVEDI, J.)

siji