ADIGARLA SIMHACHALAM Vs. ADIGARLA PAPAMMA
HIGH COURT OF ANDHRA PRADESH
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Kondaiah, J. -
(1.) This appeal by the husband is directed against the order of the Court of the Subordinate Judge, Vizianagaram, directing him to pay the respondent an amount of Rs. 250.00- towards expenses and Rs. 40.00- per month towards maintenance pending the disposal of O. P. No. 20 of 1969 on its file filed by him for restitution of conjugal rights.
(2.) A suit instituted by the respondent, in the Court of the District Munsif, Srungavarpukota for maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 is still pending. The appellant filed O. P. No. 20 of 1969 on the file of the lower Court under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. Thereupon, she preferred I. A. No. 70 of 1969 under Section 24 of the Act for awarding interim maintenance and Rs. 500.00- for costs and expenses of the proceeding for restitution of conjugal rights. This application was resisted by the appellant. However, the Court below granted a sum of Rs. 40.00- per month towards interim maintenance and a lump sum amount of Rs. 250.00- towards costs and expenses of the O. P. Hence this appeal.
(3.) The principal contention of Sri V. Jagannadharao, the learned counsel appearing for the appellant, is that the application for interim maintenance and costs is not maintainable, as the respondent is not entitled to claim maintenance in I. A. No. 70 of 1969 as well as in the suit for the maintenance already filed by her in the Court of the District Munsif, Srungavarapukota. Reliance on Section 10 of the Civil Procedure Code is placed by the learned counsel in support of his contention. The learned counsel appearing for the respondent contended contra.;
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