P RAJYA LAKSHMI Vs. P V SANKARA PRASAD

JUDGEMENT

(1.) In this Civil Revision Petition, the petitioner questions the order of the learned Subordinate Judge at Machilipatnam in I.A.No. 564 of 1985 in O.P.No.127 of 1984 dated 12-3-1991.

(2.) The petitioner is the wife of the respondent. The respondent filed the saidO.P.No. 127 of 1984 for restitution of conjugal rights and the petitioner herein filed I.A.No564 of 1985 for intrim main tennece and expenses to prosecute and defend, in the said O.P. The learned Subordinate Judge allowed the said I.A. granting the petitioner herein maintenance at Rs. 150/- per month instead of Rs.200/-permonthasclaimedbyherandalsoRs.500/-towardslegalexpenses. The learned Subordinate Judge granted the said interim maintenance only from 1-12-1990, even though the said I.A. was filed in February, 1985. In this C.R.P. the petitioner contends that she is entitled to grant of interim maintenance from the date of the filing of the I.A. i.e., from February, 1985. She also contends that she is entitlted to interim maintenance at Rs. 200/- per month.

(3.) The learned counsel for the respondent submits that the said O.P. wasdismissed for default on 28-6-1991 and that therefore the C.R.P. has become infructuous inasmuch as there cannot be any claim for interim maintenance, once the main O.P. itself is no longer pending. He relies on the judgment of Justice Radhakrishna Rao in "Donti Reddy Chinna Venkat Reddy vs. Donti Reddy Vijaya Loxmi wherein the learned Judge, in a Very short order held as follows: