IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5062 of 2023
PARMAR PUSHPABEN DHARMENDRAKUMAR D/O LAXMANBHAI DUNGARBHAI PARMAR
Versus
PARMAR DHARMENDRAKUMAR MAGANBHAI
Appearance:
MS. SHIVANGI M RANA(7053) for the Appellant(s) No. 1
BHISHMA A. RAWAL(12270) for the Defendant(s) No. 1
CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
and
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 26/11/2024
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)
1. Heard Ms.Shivangi Rana learned advocate for the appellant and Mr.Bhishma Rawal learned advocate for the opponent.
2. This is an appeal filed by the respondent before the Family Court on an application for divorce filed by the husband. The case of the respondent-husband before the Family Court was that he has suffered cruelty as a result of application filed by the appellant-wife under Section 498A of the Indian Penal Code. The Trial Court has found that since the in-laws of the respondent were acquitted, the case under Section 498A was false and therefore the case of cruelty was made out.
3. What is apparent from reading the Trial Court order is that the husband has not given any alimony to the appellant herein. It is an admitted fact that even in proceedings under Section 125 of the Code of Criminal Procedure, maintenance has not been paid by the respondent to the appellant-wife. No permanent alimony has been worked or fixed by the Trial Court while granting the decree of divorce. It is pointed out by the learned counsel for the respondent that the husband is not willing to pay permanent alimony and maintenance.
4. In view of the above, the appeal is ADMITTED. 5. Considering the fact that the appellant has approached this Court through the Legal Services Authority, the order is passed dispensing with the application for stay. It is open for the parties to apply for early hearing in case the parties contemplate arriving at a settlement.
(BIREN VAISHNAV, J)
(MAULIK J.SHELAT,J)