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Lina Manish Mehta D/O Harilal … vs Manish Kishorchandra Mehta on 19 February, 2019

C/SCA/13774/2016 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 13774 of 2016
With
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 13774 of 2016
With
CIVIL APPLICATION (FOR DIRECTION) NO. 3 of 2017
In R/SPECIAL CIVIL APPLICATION NO. 13774 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 13300 of 2017

LINA MANISH MEHTA D/O HARILAL GOKALDAS PARIKH AND W/O MANISH
Versus
MANISH KISHORCHANDRA MEHTA

Appearance:
MR NV GANDHI(1693) for the PETITIONER(s) No. 1
MS SM AHUJA(118) for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 19/02/2019

ORAL ORDER

1. The husband and wife respectively have filed the captioned
Special Civil Applications calling in question the order dated
30.04.2016 rendered by Family Court, Ahmedabad, in Family Suit
No. 1505 of 2013 below Exh.14 determining the interim
maintenance pendente lite at the rate of Rs.5,000/- per month for
the minor daughter Anjali and Rs.5,000/- per month for minor son
Akshar and Rs.10,000/- per month for the wife. While the wife
urges for enhancement of the maintenance, contrary stand is taken
by the husband.

2. On consideration of rival contentions, it transpires that
the relevant evidence pertaining to the income of the husband
is available but has not been fully considered by the court

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C/SCA/13774/2016 ORDER

below. It appears that the income in relation to only one year
i.e. 2016 has been considered and the income for preceding
years has not been considered. This, in the opinion of this
court, has resulted into miscarriage of justice. In the opinion
of this court, for determination of the compensation which
depends upon variation of the income of the party, income of
each year must be considered and the maintenance
proportionate to the income of the relevant year must be
individually fixed. Since the court below has failed to carry out
the said exercise; the impugned order is not sustained; the
same is quashed and set aside. The application under Section
24 of the Hindu Marriage Act is restored to the file with a
direction to the trial court to reconsider the same in
accordance with law.

3. The trial court will determine the maintenance year wise
keeping in mind all the relevant evidence placed on its record.
It will be open for the parties to place on record the
appropriate additional evidence. It would however be open for
the court to draw permissible inference in relation to the
income in absence of the evidence of the income for a
particular year.

4. Considering the fact that the trial in the Hindu Marriage
Petition is at advanced stage as stated by the parties, the trial
court will decide the application under Section 24 of the
Hindu Marriage Act within a period of two months. In the
meanwhile the husband will pay an aggregate sum of
Rs.15,000/- per month for maintenance of the wife and the
children.

4. With the aforesaid observations and directions, the

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C/SCA/13774/2016 ORDER

petitions are disposed of.

5. Civil Applications also disposed of.

Direct service is permitted.

(G.R.UDHWANI, J)
syed/

Page 3 of 3

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