MOHINI BHARAT ALIAS SEEMA Vs. V.K. BHARAT

JUDGEMENT

(1.) MRS . Mohini Bharat wife of the respondent has filed this revision petition to challenge the order dated 15.5.2001 passed by the Civil Judge (Junior Division), Ludhiana, whereby the application filed by the petitioner for grant of interim maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, has been kept pending for decision after recording of evidence.

(2.) THE contention of Mrs. Mohini Bharat is that she did not have independent source of income to maintain herself as well as her four year old daughter, namely, Aanchal. According to her, she as well as her daughter were living with her mother Mrs. Devki Devi, who did not have sufficient income even to maintain herself. Mrs. Mohini Bharat petitioner has claimed interim maintenance at the rate of Rs. 3,000/- per month for herself and her daughter Aanchal each under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (for short 'the Act'). The application was contested by their husband, who contended that Mrs. Mohini Bharat was serving as Computer Operator in M/s P.L. Printers, S.C.O. No. 24, Bhadaur House, Ludhiana, and was drawing a salary of Rs. 5,000/- per month and, thus, she was not competent to the grant of maintenance under Section 18 of the Act.

(3.) I do not find any merit in the contention raised on behalf of the respondent. Section 151, Code of Civil Procedure, read with Section 24 of the Hindu Marriage Act, 1955, vests the Court with inherent powers to grant maintenance even if such relief is not specifically provided for in the statute or procedural law. It has been so held by this Court in Des Raj v. Smt. Indira, 1999(2) RCR (Civil) 440. In the case reported as Neelam Malhotra v. Rajinder Malhotra, 1993(3) Recent Revenue Reports 577, it has been held that grant of maintenance pendente lite is incidental and ancillary to the substantive relief of maintenance envisaged in Section 18 of the Act. It has further been held that a Court which is empowered to grant a substantive relief is competent to award it on interim basis as well even though there is no express provision in the statute to grant such relief.