(1.) Whether an Interlocutory Application for grant of interim maintenance to a Hindu wife and her mentally retarded minor child towards provision of food, clothing as well as medical attendance and treatment and education to the child, filed in a suit brought under the provisions of Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act') for maintenance against the husband, can be entertained by a Court therefor in exercise of the inherent powers of the Court under S. 151 of the Code of Civil Procedure, despite the absence of a specific provision in this behalf in the Act is the question involved in this Civil Revision Petition. FACTS :
(2.) The 1st respondent herein was married to the petitioner on 22-10-1986 as per Hindu rites and customs. Out of the said wedlock, 2nd respondent was born. He is mentally retarded. The 1st respondent was allegedly being harassed by the petitioner. Her parents were unable to meet the demands of her husband and in-laws for more and more amount of dowry although a huge amount had been paid at the time of the marriage. Allegedly, even the 2nd respondent was not being provided with any medical treatment. It is alleged that the petitioner deserted the respondents. Therefore, they filed a suit in the Court of Judge, Family Court, City Civil Court for grant of maintenance at the rate of Rs. 2500/- per month under the provisions of the Act.
(3.) An application for grant of interim maintenance at the rate of Rs. 1500/- per month was filed which was marked as I.A. No. 468 of 2000. The 2nd respondent was styding in the Special Education Centre for mentally handicapped institute of Genetics, Hyderabad in Primary-II.