THIMMAPPA Vs. NAGAVENI

JUDGEMENT

(1.) This is an appeal under S.28 of the Hindu Marriage Act and by the husband. He is aggrieved by an interim order of maintenance made in MC 31 of 1974 on the file of the Additional Civil Judge at Mysore.

(2.) The matter has arisen in this way: MC.31 of 1974 was filed by the husband for the restitution of conjugal rights against the wife. In the course of the proceedings the husband also filed an application, IA-II, seeking custody of his children who are staying with the respondent-wife. When the petition was filed the respondent had three children aged 4, 6, and 9 years. It is also undisputed that since the date of the petition a 4th child has been born. On behalf of the wife an application for interim maintenance was filed presumably pursuant to S.24 of the Hindu Marriage Act (hereinafter called the Act) by way of IA-I. The Court, upon affidavits, came to the conclusion that a sum of Rs.120 per month had to be paid to the wife and Rs.50 per month to each of the three children aforementioned. Aggrieved by this order the husband appeals.

(3.) Sri Chandrasekharaiah, learned Counsel for the appellant, urged two contentions, namely, (1) that in an application under S.24 of the Act no maintenance pendente lite could be awarded to the children; and (2) if such maintenance is awardable to the children, the rate at which it is awraded is excessive.