V SANTHANAM Vs. S SATHYA

JUDGEMENT

(1.) The petitioner is the defendant in the suit in O:S. No. 106 of 1999 laid by the first respondent-wife and her to minor children viz., respondents 2 arid 3, for maintenance under the provisions of the Hindu Adoptions and Maintenance Act 1956 (hereinafter referred to as the Act).

(2.) Pending the above suit, the respondents herein viz. plaintiffs in the above suit filed I.A. No. 2 of 2000 for interim maintenance claiming a sum of Rs. 1,500/- per month to the wife and Rs. 750/- per month to each of the minor children viz., respondents 2 and 3/defendants 2 and 3.

(3.) The applicatipn for interim maintenance was resisted by the revision petition- husband, contending that in the absence of any specific provision under the Act for awarding interim maintenance, the very application for interim maintenance itself is not maintainable.