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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