OM PARKASH Vs. KAVITA
LAWS(P&H)-2012-12-22
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 19,2012

OM PARKASH Appellant
VERSUS
KAVITA Respondents

JUDGEMENT

L.N.MITTAL,J. - (1.) AT the outset, it has to be noticed that 'Memo of Parties' at Page-9 of the paper-book is not proper. Respondent no.4 Nanhi is not party to the suit before the trial court. On the other hand, she is mother and next friend of minor respondents ­ plaintiffs no.2 and 3. Office is directed to correct the 'Memo of Parties' by depicting Nanhi as guardian of minors respondents no.2 and 3 and not as independent party as respondent no.4.
(2.) DEFENDANT Om Parkash has filed this revision petition under Article 227 of the Constitution of India to impugn order dated 17.08.2012 (Annexure P-2) passed by the trial court, thereby granting interim maintenance to respondents/plaintiffs @ Rs.1,500.00 per month each. Undisputedly, plaintiff no.1 is unmarried daughter of the defendant, whereas plaintiffs no.2 and 3 are minor daughter and minor son respectively of the defendant. They have filed suit under Section 20 of the Hindu Adoptions and Maintenance Act, 1956 (in short ­ the Act), seeking maintenance from the defendant. By moving application, plaintiffs claimed interim maintenance from the defendant alleging that they have no source of income, whereas the respondent is earning hand. The defendant admitted his relationship with the plaintiffs. However, defendant controverted the claim of the plaintiffs for interim maintenance.
(3.) LEARNED trial court, vide order Annexure P-2, has granted interim maintenance to the plaintiffs @ Rs.1,500.00 per month each from the date of filing of the partition till disposal of the suit. Feeling aggrieved, defendant has filed this revision petition to challenge the said order.;


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