ANITA Vs. MAHAVEER SANCHETI

JUDGEMENT

(1.) EVERY court must be deemed to possess by necessary intendment all such powers, as are necessary to make its orders effective. This principle is embodied in the maxim 'ubi aliquid conceditur, conceditur et id sine quo res ipsa esse non potest (Where anything is conceded, there is conceded also anything, without which the thing itself cannot exist.) (Vide Earl Jowitt's Dictionary of English Law 1959 Edn. P.1797). Whenever anything is required to be done by law and it is found impossible to do that thing, unless something not authorised in express terms be also done, then that something else will be supplied by necessary intendment.

(2.) SHOULD it not be the approach of the Matrimonial Court in the matter of enforcement of the order with regard to interim alimony pendente lite? is the issue raised in this Civil Revision Petition.

(3.) ADMITTEDLY , from December 2011 (21.12.2011) to August 2014, the amount of maintenance due is Rs.3,20,000/ -.