RAM SINGH Vs. CHANDERMA WATTI

JUDGEMENT

(1.) THIS petition has been directed against the order dated 27.9.1997 passed by the Additional District Judge, Ambala in CMA case No. 96 of 1997 and CMA case No. 191 of 1996. By this order, the learned Additional District Judge, Ambala has allowed the appeal of the respondent wife and has enhanced the amount of interim maintenance from Rs. 500/- per month to Rs. 1,000/- per month. Notice of this petition was issued to the respondent.

(2.) MR . Sidhu, the learned counsel appearing on behalf of the petitioner submits that by the impugned order the learned Additional District Judge has modified the order dated 5.11.1996 passed by the learned Senior Sub Judge, Ambala in the appeals filed by the parties but in fact the appeals were not maintainable against the order passed by the learned trial court granting the amount of interim maintenance. The learned counsel has drawn my attention to Sections 104 and 105 and Order 43 Rule 1 CPC and contends that in terms of the provisions of CPC the appeal against the order granting interim maintenance is not maintainable. The learned counsel appearing on behalf of the respondent has not been able to satisfy me to the contrary. Accordingly, the petition is allowed and the impugned order dated 27.9.1997 passed by the learned Additional District Judge, Ambala in CMA case No. 96 of 1997 and CMA case No. 191 of 1996 is set aside. It is, however, made clear that the parties will be at liberty to resort to any other proceedings in accordance with law against the order passed by the learned trial court. With this order, the petition stands disposed of. Petition allowed.