J SUDHESHAN DEVI Vs. J VASUDEVA REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order of the learned Subordinate Judge, Warangal dismissing the petition filed by the wife for interim maintenance pending her suit for maintenance as not maintainable. THIS question was elaborately considered by one of us sitting singly (Radhakrishna Rao, J.) in C.R.P. Nos. 1100 and 2028 of 1989 datsd 10-11-1989 in which it was held that such an application is maintainable under Section 151 of the Civil Procedure Code. The learned Judge relied upon a decision of the Supreme Court in Savithri vs. Govind Singh Rawat,(1985) 4 SCC 337 wherein it was held as follows : "The civil courts have inherent power to grant interim maintenance pending disposal of the suit for maintenance." Following the aforesaid decision of the Supreme Court and also the decision in C.R.P. Nos. 1100 and 2028 of 1989 we hold that such an application is maintainable. We therefore allow the C.R.P., and set aside the order of the Court below and remand the I. A. for fresh consideration. Since the matter is of the year 1983 and relates to maintenance, the lower Court shall dispose of the LA. within two months from today. No costs.

(2.) THE records may be despatched within one week.