EMANI VENKATESWARLU Vs. EMANI PADMAVATHI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order granting interim maintenance under Sec. 24 of the Hindu Marriage Act, 1955 (Act XXV of 1955).

(2.) The Husband who is the petitioner herein filed an application in 0 P No 174 of 1981 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. Pending the appeal the wife filed an application for interim maintenance under Section 24 of the Act. That application was not taken up for hearing. But the 0 P was withdrawn by the husband and the same was dismissed on 10-11-1983. After the O P was disposed of, the wife pressed for the determination of the application filed by her and the impugned order was passed on 24-2-1984 granting Rs. 150/- p m and Rs. 300/- towards legal expenses. That order is challenged in this Civil Revision Petition. As per the orders of this Court the petitioner was directed to pay a sum of Rs. 2,300/- within a period of six weeks from the date of the order.

(3.) The learned counsel conceded that the amount already paid need not be taken into account while determining this question as that may cause hardship to the respondent and hence, I am requested to consider the legality of the order now passed conceding that the amount already paid need not be returned.