MAKHAN SINGH Vs. JAGDISH KAUR

JUDGEMENT

(1.) This is a revision petition directed against the order of the Senior Sub Judge, Amritsar, by which interim maintenance was granted to the respondents. It is challenged on the ground that the Trial Court had no jurisdiction to grant interim maintenance under the Hindu Adoption and Maintenance Act, 1956.

(2.) Mr. B.R. Mahajan learned Counsel for the petitioner relies on the judgment of this Court Sodagar Singh v/s. Harbhajan Kaur : (1977) 79 PLR 506. It has been categorically held that the Hindu Adoption and Maintenance Act, 1956 "does not authorise the passing of any order for the payment of litigation expenses and maintenance allowance pendente lite."

(3.) Mr. Justice Chinnappa Reddi while recording judgment of a Division Bench of the Andhra Pradesh High Court in Gorivelli Appanna v/s. Sorivelli Seethamma : AIR 1972 A.P. 62, observed as under: