Challenge is made to the order of the Family Court passed in HMP No. 200/2011 whereby by way of interim alimony u/s. 24 of the Hindu Marriage Act, learned Judge of the Family Court granted additional amount of Rs.3,000/- and Rs.2,000/- per month respectively towards the interim maintenance to the respondent -wife and to her minor daughter, over an above amount, the amount she has been awarded under the Domestic Violence Case No. 218/2011 under the provisions of Section 12 of Protection of Women from Domestic Violence Act, 2005 . In Domestic Violence Case No. 218/2011, respondent has been awarded sum of Rs.3000/- and Rs.1000/- towards interim maintenance for herself and her minor daughter. This petition challenges the impugned order on the ground that salary of the husband is only Rs.27,000/- being Head Clerk in Archeological Department of M.S.University, Baroda Learned advocate for the petitioner urged this Court that respondent has degree of law and she is a practicing lawyer and at present she is practicing in Vadodara Court.
He fairly admitted that this fact is not urged before the trial Court and hence, consequently not considered while deciding the interim alimony . He therefore, chose to withdraw this petition to enable to get this issues adjudicated by the Family Court by preferring an application, taking recourse to the law available to the present petitioner. This petition stands withdrawn in wake of such request.
This court has not expressed any opinion on merits any of the contentions raised in this petition. Petition stands withdrawn and disposed of accordingly.
Direct service is permitted.
(Ms.Sonia Gokani,J) bina Top