CHAMPA DAVI Vs. PYARE MOHAN AGRAHAREE

JUDGEMENT

(1.) HEARD Sri R.S. Kushwaha, learned counsel for the appellant. Respondent no. 3 is represented by Sri A.K. Gautam. Notice upon respondents no. 1 and 2 are deemed to be served as per office report dated 21.04.09 but are not represented. The appellant is wife of the respondent no. 1. She applied for maintenance under Section 28 of the Hindu Adoption and Maintenance Act, 1956 against the respondent who is said to be her husband. The said application for fixing maintenance is pending in the court below. During the pendency of the aforesaid application, the appellant instead of seeking interim maintenance, moved an application for injunction restraining the respondent no. 1 from transferring his agriculture land so that her right to claim maintenance may not be defeated. The said application has been rejected by the court below as the court was of the opinion that no prima facie case in favour of the appellant was made out as she was only entitle for maintenance which amount she can claim from the salary of the respondent no.1. Aggrieved, the appellant has come up in this appeal. The contention of learned counsel for the appellant is that in the event, the respondent no. 1 transfers the property, the appellant's right to claim maintenance would stand defeated and it will not possible for her to realize the maintenance amount which may ultimately be fixed by the Court. The argument is based upon apprehension only. So far maintenance has not been fixed in favour of the appellant. Appellant is neither claiming any right in the property of the respondent nor any relief with regard to the property has been claimed by her in the suit. She is only concerned with the maintenance as and when the same is determined by the court. Therefore, at this stage neither any prima facie case is made out in her favour nor there is any balance of convenience in her favour. Accordingly appeal lacks merit and is dismissed. It is however, provided that in case the appellant is interested in getting the maintenance fixed, she may approach the court below for the early disposal of the application. If she so approaches, the court below will decide the same expeditiously, preferably within a period of six months.