PUSHPINDER KAUR AND OTHERS Vs. S BALBIR SINGH

JUDGEMENT

(1.) Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the orders dated 08.08.2011 (Annexure P/4) passed by learned Additional Civil Judge (Senior Division) Bathinda whereby application moved by the petitioners for grant of interim maintenance has been allowed and maintenance has been awarded @ Rs.2000/- per month for wife - petitioner no.1 and Rs.1500/- per month each for the minor sons i.e. petitioner no.2 and 3 and order dated 28.03.2012 (Annexure P/5) passed by learned Additional District Judge, Bathinda, whereby appeal filed against the order (Annexure P/4) has been dismissed as withdrawn.

(2.) Brief facts relevant for disposal of this revision petition are that the relationship of the parties is admitted. Petitioner no.1 is wife and petitioner nos. 2 and 3 are twin sons of respondent-defendant. The petitioner filed suit under Order 33 Rule 1 CPC as indigent person for fixing maintenance allowance to the plaintiffs @ Rs.6000/- each per month total Rs.18,000/- per month for all the petitioners-plaintiffs under the Hindu Adoption and Maintenance Act, 1956. Along with suit, application for interim maintenance was also moved. During the pendency of the suit, interim maintenance has been awarded vide impugned order dated 08.08.2011 (Annexure P/4) by the trial Court at the rate of Rs.2000/- per month for wife - petitioner no.1 and Rs.1500/- per month each for the minor sons i.e. petitioner no.2 and 3 from the date of order. Against the order (Annexure P/4), petitioners preferred an appeal before the learned Additional District Judge, however, having doubt regarding the maintainability of appeal, the same was withdrawn. Hence, this revision petition.

(3.) I have heard learned counsel for the parties and perused the record.