GORIVELLI APPANNA Vs. GORIVELLI SETTHAMMA

JUDGEMENT

(1.) This Civil Revision Petition has been referred to a Division Bench by our brother Ramachandra Rao, J. as he was of the view that it raised an important question.

(2.) Pending decision of a suit filed by the respondent for maintenance, past and future, against her husband, she filed an application, purporting to be under Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act, for a direction to her husband that he should pay her a sum of Rs. 150.00 per month towards interim maintenance. The husband opposed the application as not maintainable as he was contesting her very right to maintenance in the suit. He also submitted that he has already obtained a decree for restitution of conjugal rights against his wife and no award of maintenance could, therefore, be made against him. The learned Subordinate Judge overruled the objection regarding the maintainability of the petition and awarded interim maintenance at the rate of Rs. 30.00 per months. Aggrieved by this Order the husband has preferred this Civil Revision Petition.

(3.) Sri N. V. Ranganadham, learned counsel for the petitioner, contended that the lower court had no jurisdiction to grant interim maintenance in a case in which the very right to maintenance was in contest. He submitted that neither Section 151, Civil P. C. nor Section 18 of the Hindu Adoptions and Maintenance Act, 1956 authorised the award of interim maintenance. The learned counsel for the respondent, on the other hand, submitted that it is the inherent right of every court, under Section 151, Civil P. C. to act on the principle that every procedure is to be understood as permissible till it is shown to be prohibited by the law and that the court may exercise such powers as may be necessary to do the right in the course of the administration of justice. He submitted that the grant of interim maintenance was permitted both by Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act.