BHARTIBEN AJAYBHAI PATANI D/O. VITTHAL BHAI KARSHANLAL BHAMRAYAVALAversusAJAY KUMAR NATVARLAL PATANI

      C/FA/389/2025                              ORDER DATED: 16/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 389 of 2025

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     BHARTIBEN AJAYBHAI PATANI D/O. VITTHAL BHAI KARSHANLAL
                        BHAMRAYAVALA

                                  Versus

                      AJAY KUMAR NATVARLAL PATANI
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Appearance:
MS DIPMALA S DESAI(6596) for the Appellant(s) No. 1
MS MOHINI J BHAVSAR(3071) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
       and
       HONOURABLE MR. JUSTICE R. T. VACHHANI

                             Date : 16/06/2026

                              ORAL ORDER

 (PER : HONOURABLE MR. JUSTICE ILESH J. VORA)


1.     This appeal, under Section 19 of the Family Courts Act, 1984, by
the wife, is against the order of interim maintenance granted by the
Family Court, Ahmedabad. The appellant-wife was joined as defendant
in the Family Suit No.1228 of 2017, filed by the husband-respondent
for dissolution of the marriage on the ground of desertion and cruelty.
The appellant-wife had claimed interim maintenance pendente lite
under Section 24 of the Hindu Marriage Act, 1955. The Family Court
while partly allowing the application, directed the respondent-husband
to pay Rs.4,000/- and Rs.2,000/- per month to the wife-appellant as
well as to the minor son from the date of application till the final
hearing and disposal of the divorce suit. The divorce suit being Suit
No.1228 of 2017 after hearing the parties, came to be allowed on


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      C/FA/389/2025                              ORDER DATED: 16/06/2026




08.05.2025 and marriage between the parties was ordered to be
dissolved with effect from the date of decree. The Family Court while
dissolving the marriage, directed the husband to pay Rs.24 lakhs to the
appellant-wife towards permanent alimony under Section 25 of Hindu
Marriage Act. The amount of Rs.24 lakhs as well as the interim
maintenance amount till date of decree has already been paid to the
appellant-wife and there is no dispute on this aspect.

2.    In the aforesaid facts and circumstances, the appellant-wife has
preferred this appeal, on the ground that, the amount of interim
maintenance pendente lite, passed under Section 24 is inadequate and
same is require to be enhanced.

3.    Ms. Dipmala Desai, learned counsel appearing for the appellant-
wife has submitted that, the interim maintenance amount till the date of
decree can be enhanced and having regard to the capacity of the
husband and the status of both the parties, the amount may be
enhanced as prayed for as the Family Court did not have consider the
settled parameters for fixing maintenance.

4.    On the other hand, learned counsel Ms. Mohini J. Bhavsar
vehemently the opposed the appeal and contended that, once the suit
proceedings is over and permanent alimony has been awarded, the
question of enhancement of interim maintenance does not arise and
therefore, it is prayed that, the appeal itself is not maintainable in the
eye of law and the same deserves to be dismissed.

5.    Having heard the learned counsel appearing for the respective

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      C/FA/389/2025                              ORDER DATED: 16/06/2026




parties and on consideration of the legal provisions, the issue falls for
our consideration as to whether in the facts of the present case, the
present appeal for enhancement of the interim maintenance amount, is
maintainable or not.

6.    Before adverting to the issue, we may take note of legal statutory
framework on Section 24 of Hindu Marriage Act, 1955. The Section
empowers the matrimonial court to grant maintenance pendente lite
and litigation expenses to either spouse during the pendency of the
proceedings, whereas, Section 25 has empowered the Family Courts
for exercising jurisdiction, at the time of passing any decree, direct the
party to pay the permanent alimony.

7.    In the facts of the present case, the Family Court while allowing
the suit for divorce filed by the respondent-husband, passed an order
under Section 25, and directed the husband to pay Rs.24 lakhs towards
permanent alimony and maintenance. The divorce decree came to be
passed on 08.05.2025. The present appeal for enhancement of the
interim maintenance is filed on 27.01.2025. Thus, pending the
proceedings, the order has already been challenged for seeking
enhancement of the maintenance amount. However, the fact remains
that, pending this appeal, the divorce suit was decreed and marriage
was ordered to be dissolved. The amount of Rs.24 lakhs as permanent
alimony has not been challenged by the appellant-wife. In such
circumstances, we do not find any substance to interfere with the order
of interim maintenance as no ground exists to enhance the amount till
the date of decree.


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          C/FA/389/2025                                                   ORDER DATED: 16/06/2026




 8.       In such circumstances, the appeal is devoid of any merits and
 accordingly, it stands dismissed. Notice discharged.

                                                                                  (ILESH J. VORA,J)




                                                                                (R. T. VACHHANI, J)
 TAUSIF SAIYED


Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 18/06/2026 15:14:38




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