Haridas Das, J. - (1.) This civil revisional application by the petitioner is directed against an order dated April 1, 1989 passed by the learned Assistant District Judge, Second Court, Alipore 24-Parganas in Misc. Case No. 38 of 1985 directing the petitioner to pay interim maintenance for his wife and minor daughter who are opposite parties Nos. 1 and 2 herein.
(2.) Briefly stated, the relevant facts are as follows : The opposite party No. 1 is the wife of the petitioner. The opposite party No. 2 is their minor daughter born out of the wed lock. Sometime in June 1985, the opposite parties Nos. 1 and 2 presented the plaint of an intended suit under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the Act) against the petitioner and others for maintenance and other reliefs along with an application under Order 33 Rule 1 of the Code of Civil Procedure (for short the Code) praying for permission to sue in forma pauperis. The application under Order 33 Rule 1 of the Code was registered as Misc. Case No. 38 of 1985. The petitioner who is the opposite party No. 1 in the Misc. case filed a written objection against the prayer to sue in forma pauperis. That Misc. case is yet pending and the plaint has not yet been registered as a suit. On June 5, 1985 the opposite parties Nos. 1 and 2 herein made an application under Section 151 of the Code praying for maintenance pendente lite in the said Misc. Case No. 38 of 1985. No written objection was filed by the petitioner against such claim for interim maintenance.
(3.) The petitioner instituted Matrimonial Suit No. 158 of 1987 which was renumbered as Matrimonial Suit No. 13 of 1988 against his wife, the opposite party No. 1 for divorce. In that matrimonial Suit, the opposite party No. 1 filed an application under Section 24 of the Hindu Marriage Act, 1955 claiming alimony pendente lite both for herself and for the minor daughter. By an order dated April 26, 1988 passed in the said Matrimonial Suit, the learned Additional District Judge, 8th Court, Alipore directed the petitioner to pay Rs. 200/- per month as alimony pendente lite for the petitioner and the minor daughter till the disposal of the Matrimonial Suit. It is alleged by the petitioner that the amount of alimony referred to above is being regularly paid by him.;