ORDER : BIREN VAISHNAV, A.C.J. 1. By an order dated 25.11.2024, we had admitted this appeal along with First Appeal No.364 of 2023 and First Appeal No.5096 of 2023. The order dated 25.11.2024 read as under: “1 All these appeals were heard together. 2 At the outset, pursuant to a request made by the counsels, we had extensively interacted with the appellants of the respective appeals. 3 First Appeal No. 364 of 2024 is filed by the wife Archanaben Joshi and the daughter Noopur, challenging the order dated 13.05.2023 passed by the Family Court, Rajkot, in Family Suit No. 08 of 2009. The appellants had preferred the suit under Sec.18 and 20 of the Hindu Adoption and Maintenance Act . By the order under challenge, the Court granted maintenance only to the appellant No.2, of Rs.15,000/- and that too from the date of the order and no maintenance is granted to appellant No. 1- wife. 3.1 Mr.Rachh, learned counsel for the appellants, contends that the order is bad, inasmuch as, the maintenance ought to be from the date of application and not from the date of the order. 4 In light of this, the First Appeal No. 364 of 2024 is Admitted 5 First Appeal No. 5096 of 2023 is again filed by the appellant-wife of First Appeal No. 364 of 2024 challenging the decree of divorce granted in favour of appellant of First Appeal No. 1238 of 2024. We also note that the original applicant of Family Suit No. 163 of 2008, who is the appellant of First Appeal No. 1238 of 2024 has come in appeal challenging the order of decree of divorce, albeit, to the extent of permanent alimony granted to the wife and daughter of Rs.15 lakhs and Rs.25 lakhs respectively i.e. total amount of Rs.40 lakhs. 6 We note that despite an order of directing to pay full maintenance within four months, only an amount of Rs.7.5 lakhs has been deposited by the appellant of First Appeal No. 1238 of 2024 and respondent of First Appeal No. 5096 of 2023. 7 Under the circumstances, both the appeals i.e. First Appeal No. 5096 of 2023 and First Appeal No. 1238 of 2024 are Admitted. ORDER IN CIVIL APPLICATION NO. 1 of 2023 in FA NO. 5096 of 2023. Rule returnable forthwith. Learned counsel appearing on behalf of the respondent waives service of notice of rule. 7 Under the circumstances, both the appeals i.e. First Appeal No. 5096 of 2023 and First Appeal No. 1238 of 2024 are Admitted. ORDER IN CIVIL APPLICATION NO. 1 of 2023 in FA NO. 5096 of 2023. Rule returnable forthwith. Learned counsel appearing on behalf of the respondent waives service of notice of rule. Pending the appeal, the judgement and decree dated 13.10.2023 passed by the Family Court, Rajkot, in Family Suit No. 163 of 2008, is stayed till final hearing of the appeal. Civil Application is disposed of, accordingly. ORDER IN CIVIL APPLICATION No.1 of 2024 in FA No. 1238 of 2024. Rule returnable forthwith. Learned counsel appearing on behalf of the respondent waives service of notice of rule. Pending the appeal, the stay is granted on a condition that the decreetal amount granted by the Family Court in the maintenance application, of which 7.5 lakhs has been deposited and of the remaining total amount of Rs.32.50 lakhs, 50% of the amount shall be deposited on or before 27.01.2025 at the concerned Rajkot Family Court. The remaining 50% shall be deposited on or before 27.02.2025, failing which the stay granted shall automatically stand vacated. It is clarified that by virtue of an order passed by us on 28.10.2024, an amount of Rs.7.5 lakhs has already been deposited in the Family Court at Rajkot, which the appellant of First Appeal No. 364 of 2024 shall be permitted to withdraw. On the amount being deposited pursuant to our orders passed today, on such deposits, it will be open for the wife and the daughter i.e. the appellants of First Appeal No. 364 of 2024 to make an application to this Court for requesting for disbursal of amounts, which will be decided in accordance with law. All the first appeals are fixed for final hearing in the week commencing from 24.02.2025. We may clarify that since the issue that could not be resolved is only on the amount of permanent alimony between the parties, pending the appeals, if the parties arrive at a settlement on the amount of permanent alimony for the appellants of First Appeal No. 364 of 2024, it will be open for the parties to apply to this Court for earlier hearing. Civil Application is disposed of, accordingly. 2. Admittedly, the respondent-husband in this application has deposited an amount of Rs.40 lakhs before the Family Court at Rajkot. Civil Application is disposed of, accordingly. 2. Admittedly, the respondent-husband in this application has deposited an amount of Rs.40 lakhs before the Family Court at Rajkot. As recorded in the order dated 25.11.2024, an amount of Rs.40 lakhs is granted to the wife and daughter inasmuch as, Rs.15 lakhs is awarded as alimony to the wife and Rs.25 lakhs to the daughter. That award is under challenge at the hands of the respondent-husband. 3. This Civil Application is filed for the purpose of disbursement of the amount. At this stage, it was pointed out by the learned counsel for the applicant that even as per the earlier order, an award of Rs.2,70,000/- towards maintenance of the daughter was outstanding. We are informed that pursuant to our order dated 24.03.2025 passed in the Civil Application that amount has been deposited before the registry of this Court. 4. When we have taken up this application for hearing, as was a matter of discussion on the earlier occasions, we had offered a settlement and it appears that both the husband and the wife are at variance to the permanent alimony figure. Hence, we had admitted the appeals and fixed them for final hearing. 5. Mr.Nirad Buch learned counsel for the respondent-husband would submit that an amount of Rs.2,70,000/- which is deposited before this Court, pursuant to the order under the Hindu Adoption and Maintenance Act , of an amount of Rs.2,70,000/-, the daughter may withdraw Rs.1,65,000/- as she is already earning post the order of 2018. 6. As far as the amount of permanent alimony to the wife, Mr.Buch submits that the wife was already earning and the alimony to the tune of Rs.15 lakhs is awarded to her is unjustified. 7. We note that while awarding an amount of Rs.40 lakhs, in all Rs.25 lakhs have been awarded to the daughter and Rs.15 lakhs have been awarded as permanent alimony to the wife. 8. We make it clear that though Mr.Buch would object to the amount of alimony of Rs.2,70,000/- maintenance paid to the daughter, the order passed under the Hindu Adoption and Maintenance Act , has not been a subject matter of challenge, though, the order has been passed in the year 2023. 9. 8. We make it clear that though Mr.Buch would object to the amount of alimony of Rs.2,70,000/- maintenance paid to the daughter, the order passed under the Hindu Adoption and Maintenance Act , has not been a subject matter of challenge, though, the order has been passed in the year 2023. 9. As far as the amount of Rs.25 lakhs is concerned, the appellant No.2-Noopur Joshi in First Appeal No.364 of 2024 is permitted to withdraw an amount of Rs.25 lakhs deposited in the registry of the Family Court. 10. As far as the amount of Rs.2,70,000/- which is deposited in the registry of this Court in light of the order passed in the Civil Application, that amount may be permitted to be withdrawn by Noopur Jigyanshubhai Joshi. The registry of this Court is directed to transmit the amount of Rs.2,70,000/- to the registry of the Family Court at Rajkot and after verifying the credentials of Noopur Jigyanshubhai Joshi she shall be permitted to withdraw the said amount. In total, an amount of Rs.27,70,000/- to be permitted to be withdrawn by the appellant no.2-Noopur Jigyanshubhai Joshi of First Appeal No.364 of 2024. It is clarified that the appellant no.2 shall file an undertaking before this Court that the withdrawal is subject to the outcome of the appeal. The amount of Rs.15 lakhs which is deposited towards permanent alimony to the appellant no.1 of First Appeal No.364 of 2024 shall be invested in a Fixed Deposit for a period of 3 years on a cumulative basis and subject to further orders that may be passed in the appeal, the registry may continue to invest the same till the pendency of the appeal. 11. First Appeal Nos.5096 of 2023, 364 of 2024 and 1238 of 2024 to come up for final hearing on 10.06.2025. 12. Present Civil Application stands disposed of accordingly. Direct service is permitted.