Heard learned advocate for the petitioner and it is submitted that the order dated 21.4.2011 impugned in this petition is culmination of abuse of process of law undertaken by respondent no.3 guardian and husband of the petitioner. It is submitted that husband of the petitioner and father of respondent Nos.1 and 2 (minor) is a practicing advocate and due to physical and mental torture and cruelty, she was compelled to leave her matrimonial house. At relevant point of time, petitioner was earning monthly honorarium of Rs.2500/- on temporary basis. In spite of above, the learned Judge passed order awarding Rs.1000/- each to two minors believing monthly income of the petitioner as Rs.5,000/-. The above findings are not only against material on record but perverse. The application is moved by lawyer husband of the petitioner through minor and guardian only with a view to harass the petitioner and now execution proceedings are initiated to SCA/12004/2012 2/2 ORDER execute the above order dated 21.4.2011.
Considering overall aspects as above and prima facie there is a force in arguments advanced by learned advocate for the petitioner and accordingly, the matter deserves consideration, hence, Rule returnable on 18th October, 2012.
Meanwhile, by way of ad-interim relief implementation, operation and execution of order impugned dated 21.4.2011 passed below Exh.5 in Regular Civil Suit No.123 of 2007 by learned Civil Judge, Gandhinagar shall remain stayed.
[ANANT S. DAVE, J.] //smita//