1. In this application under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code") the following prayers in terms of para 23 is made by the applicant which reads as under:
"23.
(1) Admit this Criminal Misc. Application.
Grant such interim maintenance in Cr.Ma. No. 2458 of 2003 before the Family Court Ahmedabad, as the Lordship may consider appropriate.
Pass such further order as may be deemed necessary in the interest of justice."
2. Considering the pendency of proceedings before the Family Court on 7.2.2012, this Court passed following order.
"Heard Mr. J.M. Shah, learned advocate for the applicant and it is submitted that since 2003 onwards the application for interim maintenance being Criminal Misc. Application No. 2458 of 2003 is pending before the Family Court at Ahmedabad and the matter is adjourned from time to time and there are about 78 adjournments and respondent No.2 has remained absent from 40 adjournments and no order is passed under section 125 of Cr.P.C.
However, from record it appears that dissolving the marriage under section 13(1) of Hindu Marriage Act, 1955 respondent-husband is ordered to pay Rs.3,000/- p.m. towards permanent alimony under Section 25 of the Act till the wife survives or remarries.
In the above circumstances, issue Notice returnable on 17.2.2012.
Direct service is permitted."
3. Ms.
Paurami Sheth, learned advocate, for respondent No.2 on affidavit dated 26.3.2012 filed today has produced the order dated 1.3.2012 passed below Exhs. 3, 10 and 73 in Criminal Misc. Application No. 2548 of 2003, by which, application for interim maintenance filed by the applicant herein is rejected by assigning certain reasons.
4. The prayer made in this application cannot be considered at this stage and the application is according rejected. Notice discharged.
5. It will be open for the applicant to take appropriate proceedings against the order of rejection of interim maintenance by the Family Court, Ahmedabad.
[ANANT S. DAVE, J.] //smita// Top