AMANKUMAR LALITBHAI PAREKH Vs. PRITIBEN AMANKUMAR PAREKH

JUDGEMENT

(1.) Both these civil revision applications under Section 115 of C.P.C., 1908 arise from the order dated 5 -1 -1998 of the 3rd Joint Civil Judge (S.D.), Junagadh passed below Ex. 5 in C.M.A. No. 99/97. Vide this order the application filed by Preetiben Amankumar Parekh, the respondent in first revision application and petitioner in second revision application for grant of interim maintenance pending decision of her application under Section 18 of Hindu Adoption and Maintenance Act, 1958 (hereinafter referred to as 'the Act, 1958') is allowed and a sum of Rs. 1000/ - p.m. as interim maintenance is granted to her w.e.f. the date of the order.

(2.) In the first revision application this order is challenged by the husband and in second revision application the part of this order is challenged by the wife.

(3.) The grievance of the husband in this civil revision application is that the learned Trial Court has no jurisdiction to pass the order of grant of interim maintenance pending the application of the wife under Section 18 of the Act, 1958 as the application permitting her to file the application aforesaid, as a pauper has not been granted. Unless the Court permits her to file the substantive application as pauper it has no jurisdiction to grant the temporary maintenance to her. The second ground of challenge is that the award of interim maintenance at the rate of Rs. 1000/ - p.m. is highly excessive keeping in view the income of the husband.