KU. GURMEET KAUR Vs. SARDAR AMRIK SINGH

JUDGEMENT

(1.) THIS revision is preferred against the order dated 3.2.99 whereby the Court -below has refused to grant interim maintenance during pendency of civil suit under the provisions of Adoption and Maintenance Act. The ground on which the learned Additional District Judge has refused to grant interim maintenance is to the effect that there is no provision in any law for grant of interim maintenance.

(2.) THE approach of the learned Additional District Judge in this matter is not in accordance with the general principles of interpretation of the Code of Civil Procedure. Section 151 of the Code of Civil Procedure saves the inherent power of the Court to do justice in a given case where no express provision has been made by the Court. The specific words used in Section 151 of the Code of Civil Procedure are to the effect that the Court is empowered to exercise its power in ends of justice or to prevent abuse of the process of the Court. It is also well settled that the saving powers are provided in an enactment with a view to fill up the gap which may have been remained in the Act and, therefore, the interpretation that has to be given a saving clause like Section 151 of the Code of Civil Procedure is to find out if there is any specific power provided under the Code. If the Court comes to the conclusion that there is no specific power then the Court should ask the second question whether the powers are not prohibited by the Code. If not, inherent powers can be exercised by it in the "ends of justice". Any power which is conducive to justice can be exercised by a civil court as an inherent power. How, "justice" is a wider term and sometimes it may not be definable but the core meaning of the word "justice" may be taken to be a term which gives substance to the rights of the parties. Now, it is well known that a Code of Procedure is made an instrument of substantive justice. It is apparent that some procedure is to be adopted for giving substantive justice. The Code of Procedure cannot be said to be dealing completely with matters of procedure. It may contain certain provisions which may really in the nature of substantive provisions. The Procedure in Code may be long drawn and sometimes the parties may require justice immediately before the entire process of delivery of justice lasts. The Courts, therefore, may exercise power to do immediate justice between the parties during the pendency of a case. Sometimes, the Legislature itself provides for interim remedy like grant of temporary injunction, but no enactment or a Code can provide for all the contingencies. When the code itself does not provide for interim relief, judicial strategy has to be devised for grant of doing interim justice during the pendency of a case. There are instances where the Court has assumed inherent powers to do interim justice for the reason the grant of interim relief could be in an aid or adjunct to justice.

(3.) ... The Civil Courts have inherent power to grant interim maintenance pending disposal of the suit for maintenance..