SATYANARAYANA V Vs. Y VLJAYALAKSHML

JUDGEMENT

(1.) Respondents filed a suit against the petitioner in forma pauperis in O.P. No.184 of 1993 on the file of the I Additional Sub-Judge, Visakhapatnam. The said suit was instituted under Order 7 Rule 1 of CPC and under Order 33 Rule 1 of CPC seeking to recover the past and the future maintenance and such other relief, against the petitioner. First respondent is the wife and the second respondent is the minor son of the petitioner. The suit was filed under the provisions of the Hindu Adoptions and Maintenance Act, 1956 (for short "the Act").

(2.) The respondents also filed an application in LA. No.125 of 1994 under Section 151 of CPC seeking interim direction for payment of Rs.1,500/- per month as maintenance to the respondents (Rs.1,000/- to the first respondent and Rs.500/- to the second respondent) and also Rs.750/- towards monthly house rent and a further sum of Rs.2,000/- towards legal expenses. In the said petition filed by the respondents, it was categorically averred that eversince the year 1991, the petitioner being the husband of the first respondent has neglected to maintain her and her son as a result of which they were forced to depend upon the father of the first respondent who is a small employee. It was further averred that the petitioner is an employee in Visakhapatnam Steel Plant and is getting a salary of more than Rs.4,000/-.

(3.) The said application was resisted by the petitioner herein on the ground that the said application was ill-conceived inasmuch as when a suit is filed under the Hindu Adoptions and Maintenance Act, 1956 for maintenance, there is no provision in the said Act for granting interim maintenance and as such the lower Court ought not to have entertained the said application filed under Section 151 of CPC