RAJWINDER SINGH Vs. AMARJIT KAUR

JUDGEMENT

(1.) This petition has been filed under Article 227 of the Constitution of India against the order dated 14.5.2004 passed by the learned Civil Judge (Junior Division), Sunam whereby the petitioner-husband has been directed to pay maintenance to the respondent-wife @ Rs.1,000/- per month from the date of application.

(2.) The respondent-wife filed a petition under Section 18 of the Hindu Adoption and Maintenance Act, 1956 (`Act' for short) against the petitioner-husband seeking permission of the Court to sue as an indigent person so as to institute a suit for maintenance. In the said suit, an application has been filed for interim maintenance. According to the averments made therein the marriage of the applicant was performed with the petitioner Rajwinder Singh in July 1993 by way of Anand Karaj ceremony. From the wedlock between the parties they had no issue. The respondentwife alleged that she was ill-treated and there were demands for dowry. During the pendency of the petition, an application has been filed for the grant of ad interim maintenance which, as already noticed, has been allowed and is assailed by the petitioner-husband.

(3.) Learned counsel for the petitioner submits that in a petition under Section 18 of the interim maintenance cannot be granted in view of the judgment of this Court in Makhan Singh v. Jagdish Kaur and others, 1992 Civil Court Cases 29. I have given my thoughtful consideration to the contention of the learned counsel for the petitioner.