(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Respondents have been granted maintenance at the rate of Rs.6,000/- and Rs.4,000/- per month respectively by the Family Court, Ahmedabad. Such maintenance is paid from 17.8.2007. When this order came to be challenged, Division Bench, while admitting the appeal, on 26.12.2011, granted stay against operation of the impugned order, on condition that the appellant will go on paying Rs.4,000/- every month to the respondents and towards arrears, would pay Rs.10,000/- every month.
2. It is not in dispute that such amounts are being paid by the applicant regularly. Counsel for the respondents submitted that the applicant is directed to deposit the entire amount provided by the Family Court under the impugned order. Towards arrears, some installments can be granted.
3. Counsel for the applicant, however, submitted that the applicant does not have sufficient means to pay further amount. He pointed out that the applicant owns a residential property, in the form of a flat, in Shilalekh Complex, Shahibaug, Ahmedabad, which, if sold, would fetch sufficient amount to pay maintenance to the wife and son. Said respondents, however, opposed the sale of the property, on the ground that question of right of residence of the respondents is pending before this Court.
4. Under the circumstances, we confirm the stay previously granted, on condition that the applicant shall continue to pay the amounts as directed by this Court. It would be open for the applicant to deposit such sum of Rs.14,000/- every month in the account of the wife-Parulben Ishwarbhai Shah, being Account No. 1414101051083, in Canera Bank, Sabarmati Branch.
5. With the above directions, Civil Application is disposed of. Rule is made absolute accordingly.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top