CHIGURUPATI BAMBASIVA RAO Vs. CHIGURUPATI VUAYALAXMI

JUDGEMENT

(1.) Leave granted.

(2.) The impugned order was passed by the High court in its first appellate jurisdiction. Pending appeal, the husband-petitioner was subjected to an interim order under Section 24 of the Hindu Marriage Act, 1955, directing him to pay maintenance pendente lite at the rate of Rs. 500. 00 per mensern to the wife-respondent and Rs. 250. 00 per month to each of the minor daughters. The appeal was dismissed whereby claim for a decree of divorce on the ground of desertion was declined. The order of maintenance was ordered to continue even thereafter. Now, a challenge herein is made as to the continuation of the said order beyond the date of dismissal of the appeal. We do not intend to go into the legalistics of the controversy but having regard to the fact that the claim of the wife and the children respecting maintenance is valid otherwise against the husband under Section 125 Criminal Procedure Code, we pass this order to do complete justice between the contestants inasmuch as ordering that the said amount shall be taken to have been awarded as maintenance under Section 125 Criminal Procedure Code both to the wife as well as to the children, for those sums are well within the confines of the aforesaid provision. The appeal, thus, stands disposed of on these terms.