The respondent no. 1 Punbai Kanabhai Makwana in pursuance to the order dated 3.12.1996 passed by this Court has remained present and has replied to the questions asked by the Court regarding the income of her husband. According to her, her husband is doing labour work and hardly earns Rs 12/ to Rs 15/ per day and is maintained the family consisting of three minor children. Except the said income, the family has no source of income. The family resides in a rented premises. The family has no immovable property. Considering the fact that the right-hand of the respondent no. 1 is required to be amputed because of the accident. She is not able to perform her household work efficiently. Mr. MR Gehani learned advocate for the applicant states that the applicants have deposited Rs 1,78,000/ inclusive of costs and interest awarded by the trial court.
Thus, considering the facts and circumstances of the case, I am of the view that if the following order is passed, the same will meet with the ends of justice:
1) Out of Rs 1,78,000/ deposited by the applicants before the trial court, the opponent no. 1-Punbai Kanabhai Makwana will be entitled to withdraw an amount of Rs 28,000/ unconditionally.
2) The remaining amount of Rs 1,50,000/ shall be invested by way of Fixed Desposit in State Bank of Saurashtra, Ghantwad Branch in the name of Opponent no. 1-Punbai Kanabhai Makwana initially for a period of 5 years by the trial court and the receipt of the said Fixed Deposit shall retained in the custody of the trial court.
3)It will not be open for the opponent no. 1-Punbai Kanabhai Makwana to withdraw any amount from the Fixed Deposit during the pendency of the Appeal. However, with the permission of this COurt in case of genuine need, the opponent no.1-Punbai Kanabhai Makwana will be entitled to withdraw the same after obtaining permission of this Court. However, the Opponent no. 1 Punbai Kanabhai Makwana will be entitled to receive a periodical interest from the Bank unconditionally and the Bank shall deposit the interest in the Savings Accounts to be opened in the name of Opponent no.
In view of the aforesaid directions, this Civil Application is disposed of accordingly with no order as to costs.
Date:20.12.1996(K. R. VYAS, J.)