(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present appeals are preferred by the appellant, who is described as the husband and his suit was accepted by the Family Court against the judgement and order passed by the Family Court, whereby the appellant is directed to pay the maintenance at the rate of Rs.5,000/- per month from September 20, 1997 to the wife, who is the respondent herein, and the suit of the appellant - husband being Family Suit No.25/2003 has been dismissed and the suit of the wife being Family Suit No.1030/2000 for maintenance has been allowed.
When the matter is taken up for hearing, the Party-in-Person - the appellant herein is present and he states that he had invested the amount with State Bank of India and Union Bank of India, which had become due for payment. However, the respondent - wife has initiated the litigation in the City Court and the interim relief orders were passed, against which he has preferred Special Civil Application No.3071 of 2012, which was on board yesterday before the learned Single Judge (Coram: Ms. Sonia G. Gokani, J.) and the said matter is kept on 19.6.2012 and in his submission, he has no capacity to pay maintenance.
Since the issue involved in the present appeals are the liability of the appellant to pay maintenance and also for the declaration that the marriage was null and void, whereas in the proceedings, which are pending in Special Civil Application No.3071 of 2012, the question is relating to the entitlement of the amount of Bank FDRs by the appellant and/or wife, as the case may be, in order to see that the uniformity in the decision of this Court is maintained and effective orders can be passed after hearing both the sides, it would be just and proper if the Special Civil Application No.3071 of 2012 as well as the present First Appeal No.2549 of 2009 and First Appeal No.1203 of 2012 are heard by one Bench of this Court.
Hence, office to place the matter before the Hon'ble the Acting Chief Justice and the matter may be notified before the Bench, as may be ordered by the Hon'ble the Acting Chief Justice on administrative side, preferably on 19.6.2012.
(Jayant Patel, J.) (C. L. Soni, J.) vinod Top