KARTHIYANI Vs. CHANDRIKA

JUDGEMENT

(1.) THE short question that arises for consideration in the civil Revision Petition is whether the revision petitioner is entitled to claim interim maintenance from her daughter against when application under S. 20 of hindu Adoptions and Maintenance Act has been filed.

(2.) CASE of the petitioner is that the first respondent is in possession of the properties of her deceased father, that petitioner's eldest son is unheard of for the last seven years and that another son Karunakaran suffering from incurable disease is residing in a puramboke land. Petitioner claims Rs. 300/- per month as maintenance. Interim maintenance is also claimed at the same rate. It is affirmed in the petition that she finds it extremely difficult to make both ends meet at the advanced age of 72.

(3.) THE power to make interim order for maintenance pending the application is implicit in the section itself. Merely because the act does not contain any specific provision for interim relief a claim for the same cannot be denied. In view of S. 20 the irrefutable position is that a Hindu is under a legal obligation to maintain his aged parents whether he possesses any property or not. THE obligation to maintain the aged parents is personal and legal in character and arises from the very existence of the relationship between the parties. Section 20 gives a statutory form to the legal obligation of a Hindu male or female to maintain his or her minor children and aged or infirm parents.