JUDGMENT : M.R. Shah, J. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Family Court, Rajkot dated 24/06/2013 in Family Suit No. 339/2008, the appellant, through the power of attorney holder father, has preferred the present First Appeal. 2. Civil Application No. 1292/2014 in First Appeal No. 3626/2013 has been preferred by the applicant original appellant for interim alimony under Section 24 of the Hindu Marriage Act. 3. The facts leading to the present Fist Appeal in a nutshell are as under; 3.1. The marriage between the appellant and the respondent was solemnized on 22/11/1991. According to the appellant, after some time of marriage, the respondent and his family members started harassing and ill treating her. It is the case on behalf of the appellant that her father took her to his house as in the seventh month of pregnancy, her mother-in-law pushed her from the staircase and she became unconscious. Thereafter, the appellant delivered a baby boy and since then she is staying with her parents. It is submitted that the maintenance application under Section 125 of the Code of Civil Procedure has been filed and the learned Magistrate granted the maintenance application at the rate of Rs.300/per month. Thereafter, an application under Section 127 of the Code of Civil Procedure was submitted to enhance the amount of maintenance and even family suit was instituted before the Family Court, Rajkot claiming maintenance. It appears that at the time when the said family suit was being heard by the learned Family Court, health of the appellant deteriorated and she became mentally sick and, therefore, she could not give deposition and on her behalf, her father, who was holding her power of attorney, gave evidence and deposed on behalf of the appellant. However, unfortunately, without even properly understanding and/or appreciating the fact that as such the appellant is not in a position to depose due to her mental sickness/illness, the learned Judge by impugned judgment and order has dismissed the family suit mainly on the ground that the deposition has been given by the father of the appellant as the power of attorney, who had no personal knowledge and, therefore, her father has no legal right to depose on behalf of the appellant. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Family Court, Rajkot, the appellant has preferred the present First Appeal. 4. Shri J.M. Barot, learned advocate appearing on behalf of the appellant has vehemently submitted that the impugned judgment and order passed by the Family Court cannot be sustained. It is submitted that the learned Judge has not properly appreciated the fact that as such the appellant is not in a position to depose before the Court and give the evidence in view of her mental health and condition. It is submitted that as such the appellant is suffering from mental disease to the extent of 90-92%. It is submitted that if the impugned judgment and order passed by the Family Court is sustained, in that case, the appellant would not be in a position to give evidence and/or depose before the Court and for all time to come the appellant would be remediless. It is submitted that every month, the appellant is required to incur huge expenditure towards medical treatment/medicines. It is submitted that as such it is not possible for the appellant and her father, who is aged 84 years, to maintain themselves. It is submitted that unfortunately even the son of the appellant, who is studying in MSC is not taking care of the appellant who is mentally sick and, therefore, it is requested to award interim alimony to the appellant to maintain herself and/or medical treatment is given to her. 5. Shr Y.J. Patel, learned advocate appearing on behalf of the respondent has tried to oppose the present appeal. He is not in a position to satisfy the Court how the impugned judgment and order passed by the learned Family Court, Rajkot dismissing the petition can sustain. However, has requested not to pass any further order with respect to interim alimony during the pendency of the present appeal and even during the pendency of the proceedings before the learned Family Court, in case this Court has inclined to satisfy the impugned judgment and order and remand the matter to the learned Family Court to decide the matter afresh in accordance with law and on merits and considering the deposition of the power of attorney holder of the original applicant which is to be treated for and on behalf of applicant. 6. 6. Heard the learned advocates for the respective parties at length and perused the impugned judgment and order passed by the learned Family Court, Rajkot passed in Family Suit No.339 of 2008, by which, the learned Family Court has dismissed the said Family Suit solely on the ground that the original applicant - appellant has not stepped into witness box and the evidence given by her Power of Attorney holder - her father. 7. At the outset, it is required to be noted that appellant here-in-original applicant wife had filed Family Suit No.339 of 2008 against the respondent husband for getting permanent alimony under Section 18 of the Hindu Adoption and Maintenance Act at Rs.25000/- per month. It is required to be noted and it is an admitted position that as such appellant here-in-original applicant wife is suffering from 90-92% mental disease and as such she is not in a position to appear before the Court and give the evidence/deposition. On her behalf, her father as a power of attorney holder gave the evidence/deposition. However, the learned Judge has dismissed the suit claiming permanent alimony under Section 18 of the Hindu Adoption and Maintenance Act solely on the ground that appellant original applicant has not stepped into witness box and has not given any evidence. However, the learned Judge has not appreciated the fact that as such appellant here-in-original applicant is not in a position to give deposition and appear before the Court as she is having 90% to 95% mental disease. As such it was the duty of the concerned Court to appoint guardian as she is suffering from 90% to 95% mental disease. Under the circumstances, as such impugned judgment and order passed by the learned Family Court dismissing the Family Suit cannot be sustained and same deserves to be quashed and set aside and the matter is remanded to the learned Family Court to decide the family suit afresh and in accordance with law and considering the deposition of the father of the appellant as her power of attorney holder. 8. 8. Now, so far as the prayer of the appellant here-in-original applicant to grant the interim alimony during the pendency of the present First Appeal as well as during the pendency of the proceedings before the learned Family Court on remand is concerned, it is required to be noted that as such the appellant - original applicant is in a very precarious condition. She is compelled to stay at her parental house with her father who is aged 84 years. She is suffering from mental disease to the extent of 90% to 95% and she needs regularly and periodically medical treatment and the medicine. Unfortunately neither the respondent - husband nor her son who is studying in MSC are taking her care. It appears that initially the appellant was being paid maintenance under Section 125 of the Code of Criminal Procedure at the rate of Rs.300/- per month and during the proceedings before the learned Family Court it was ordered to pay Rs.1700/- per month by way of interim alimony. In the facts and circumstance of the case, more particularly, it is alleged that respondent is doing work of accountancy and looking to the expenditure to be incurred by the appellant towards her medical treatment, special diet, medicine, we are of the opinion that if the appellant is paid a total sum of Rs.10,000/- per month as interim relief during the pendency of the present First Appeal from the date of filing of the First Appeal till present order and is being paid interim alimony during the pendency of the proceedings before the learned Family Court at the rate of Rs.10,000/- it will meet end of justice. 9. In view of the above and for the reasons stated above present Appeal succeed in part. The impugned judgment and order dated 24.6.2013 passed in Family Suit No.339 of 2008 passed by the learned Family Court is hereby quashed and set aside and the matter is remanded to the learned Family Court, Rajkot to decide the aforesaid Family Suit in accordance with law and considering the deposition of father of the appellant as her power of attorney holder. The respondent is hereby directed to pay interim alimony at the rate of Rs.10,000/- per month during the pendency of the present First Appeal i.e. from September 2013 till the present judgment and order and continue to pay the same as interim alimony during the pendency of the proceedings on remand before the learned Family Court, Rajkot. The arrears shall be cleared within a period of two months from today. It goes without saying that any amount paid towards maintenance either under Section 125 or 127 of the Code of Criminal Procedure and/or pursuant to the any other order shall be adjusted while making interim alimony as ordered in the present proceedings. The learned Family Court is hereby directed to finally decide and dispose of the Family Suit on remand in accordance with law and on merits and as stated above at the earliest and preferably within a period of six months from the date of receipt of present order. Present First Appeal as well as Civil Application No. 1292 of 2014 with Civil Application No. 13534 of 2013 are allowed to the aforesaid extent. In the facts and circumstances of the case, respondent husband is also directed to pay sum of Rs.5000/- to the appellant herein - original applicant - wife towards cost of the present appeal, which respondent shall pay to the appellant herein - original applicant within the period of 8 weeks from today, along with arrears as stated above and continue to pay interim alimony at the rate of Rs.10,000/- regularly between 1st to 10th day of every English calendar month without fail. Appeal partly allowed.