GOVIND PANIGRAHI Vs. TARKESWARI PANIGRAHI

JUDGEMENT

(1.) IN this Civil Revision by the defendant, grant of interim maintenance to his wife in a suit for maintenance by her is assailed.

(2.) THERE is no dispute in this case that the plaintiff is the wife of the defendant -petitioner and they are governed under the Hindu Adoptions and Maintenance Act, 1956. Mr. U.C. Panda, the learned counsel for the petitioner submitted that the Court has no jurisdiction to pass an interim order for maintenance in a suit for maintenance, since the Hindu Adoptions and Maintenance Act which gives the right to the wife for maintenance does not provide for interim maintenance similar to provision in section 24 of the Hindu Marriage Act. Besides, the court has no territorial jurisdiction to entertain the suit and as such there is no scope for granting interim maintenance.

(3.) IT has been observed by a Division Bench of this Court reported in 1976 C.W.R. 939 (Ramachandra Behera and others v. Smt. Snehalata Devi):