NARESH KUMAR CHOPRA Vs. SUNITA CHOPRA

JUDGEMENT

(1.) This Revision Petition came up for hearing on 8.11.2002, 16.12.2002, 8.4.2003, 22.8.2003, 9.1.2004 and 13.1.2004 and has been adjourned on all occasions on the request of the Petitioner/Revisionist/Husband. This Revision is filed against the Order of the learned Additional District Judge dated 3.7.2002 whereby interim maintenance was increased from Rs.1,500/- per month to Rs.4,000/- per month for the Plaintiff Wife and the two school going children of the parties. The Wife has filed a Suit under Sections 18 and 20 of the Hindu Adoption and Maintenance Act. Initially, the Court had ordered interim maintenance at the rate of Rs.1,500/- per month but consequent upon an increase in the salary of the Husband, a second application for interim maintenance and/or enhancement of maintenance had been filed and allowed.

(2.) It is not the contention of the Husband that the second application was not maintainable, and rightly so. Orders for interim maintenance are inherently interlocutory or temporary in nature and can be varied from time to time, depending upon any change in circumstances. As far back as on 8.4.2003 it had been brought to the notice of learned counsel for the Respondent that this Revision Petition would not be maintainable in view of the amendments carried out in the Code of Civil Procedure. In Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and Others, (2003) 6 SCC 659, it has been clarified that a Revision is maintainable only where the rights of the parties have been finally adjudicated upon. The Husband has admitted that the interim maintenance is not being paid by him since, according to him, he is unable to make financial provisions for it. This cannot be appreciated since this amount can be paid, even if with some difficulty, taking into account the alleged dependency of his Mother and Niece, from the carry home salary of at least Rs.10,000/- per month.

(3.) The Revision Petition is dismissed.