BULBUL SAMANTARAY Vs. DHIRENDRA KUMAR SAMANTARAY

JUDGEMENT

(1.) Heard.

(2.) This Civil Revision is disposed of at the stage of admission without issuing notice to the opposite party because of certain admitted facts which are readable from the impugned order passed by learned Civil Judge (Senior Division), Baripada in O.S. No. 1/676 of 2002/2001 so also not to detain disposed of the suit.

(3.) The aforesaid suit is a proceeding under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act') in which the present petitioner No. 1 is the respondent and the opposite party is the plaintiff. Inter se relationship between petitioner No. 1 and the opposite party as wife and husband is not in dispute. It is also not in dispute that petitioner No. 2 Kumari Anshu Samantaray, aged about 6 years, is the daughter born out of the wedlock. In the aforesaid suit, interim maintenance and litigation expenditure was claimed by petitioner No. 1 for herself and also interim maintenance for the minor daughter. Accordingly, she filed an application which was registered as I.A. No. 10 of 2003. Opposite party resisted to that claim on the grounds that petitioner No. 1 has a monthly income of Rs. 3,000/- (three thousand), she has voluntarily deserted him and the application has been filed to delay disposal of the suit which has been targeted to be disposed of by end of March, 2003. After taking into consideration, contention of both the parties the Court below granted interim monthly maintenance @ Rs. 1,000/- (one thousand) to petitioner No. 1 besides granting her litigation expenditure of Rs. 2,000/- (two thousand). However, the Court below refused to pay interim maintenance to petitioner No. 2, the minor daughter of the parties. It is not disputed on record that the opposite party is a Government servant being an Ayurvedic Doctor.