SANJAY KUMAR Vs. SUMNA KUMARI & OTHERS

JUDGEMENT

(1.) The Instant petition stands directed against the impugned order recorded by the learned trial Court, on 21.05.2014, upon an application standing preferred there before under Sections 18, 23 of Hindu Adoption and Maintenance Act, whereby, he granted relief of interim maintenance quantified in a sum of Rs. 1000/- per mensem qua plaintiff/applicant No. 1 besides also quantified interim maintenance of Rs. 1000/- per mensem qua plaintiff No. 2/applicant No. 2.

(2.) A perusal of the plaint constituted before the learned trial Court underscores qua in the plaintiffs/applicants espousing therein, the apposite relief, theirs drawing leverage from the provisions engrafted in Section 18 of the Hindu Adoption and Maintenance Act.

(3.) Per se, the plaint constituted against the defendant in the apposite civil suit, holds an apparent synonimity vis-a-vis the statutory provisions where under the applicants/plaintiffs, anvilled their apposite application qua award of interim maintenance vis-a-vis them. The statutory provisions where under, both the plaint as also the apposite application stood constituted also whereupon, the impugned rendition stood recorded by the learned trial Court, do not hold any mandate qua the learned trial Court holding any jurisdiction to grant any sum of money, as interim maintenance qua the plaintiffs/applicants, thereupon, it was unbefitting for the learned trial Court, to proceed to accord the relief of interim maintenance upon an application constituted there before under statutory provisions holding alikeness with the statutory provisions where under the plaintiffs instituted a suit against the defendant. The underlying object of the legislature, in omitting to, engraft in the relevant statutory provisions, any apt provision for grant of interim maintenance, appears to stand engendered by the Civil Court standing thereupon forestalled to render a decision upon the plaint, ultimate decision whereon, may, with the defendant adducing evidence of vigorous sinew, be adversarial vis-a-vis the plaintiff, whereupon, the plaintiffs would prematurely besides at an inchoate stage hence stand unjustly enriched also would lead to the obviable fate of the defendant(s) standing driven to seek refund of amount(s) awarded to the plaintiff(s) as interim maintenance, besides any decision upon an application for interim maintenance may also present a fait accompli to the Civil Court significantly when on completion of trial of the suit, it proceeds to render an adjudication thereupon.