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.
[ANANT S. DAVE, J.] //smita// Top