S.S. Sandhawalia, J. - (1.) This is a husband's revision petition directed against the grant of interim maintenance in favour of the wife during the pendency of an application for permission to sue in forma pouperis is in regard to her claim of maintenance under the Hindu Adoptions and Maintenance Act, 1956.
(2.) The primary contention raised on behalf of the petitioner herein is that as yet a mere application for permission to sue in forma pouperis is was pending before the trial Court and it was only after its successful conclusion that the same could be registered under Order 33 rule is Civil Procedure Code. In these premises it was submitted that until the application by virtue of the aforesaid provision is deemed to be a print in the suit no anticipatory relief in the shape of interim maintenance under the inherent power of the Court could be granted.
(3.) There is apparent merit in the contention raised. It has first to be noticed that the application for leave to sue in forma pouperis is may well be refused by the trial Court at a later stage. In that event the provisions of Order 33 rule 15 would come into play and the respondent could then institute a suit in the ordinary manner only after paying the costs if any incurred by the State Government or by the opposite party in opposing the application. The possibility that she may not be able to institute afresh an application under section 18 of the Hindu Adoptions and Maintenance Act or may indeed not choose to do so cannot be easily ruled out. On principle, therefore, to grant interim relief under the inherent power of the Court whilst as yet the very maintainability of an application for leave to sue in forma pouperis is hangs in balance does not appear to he supportable.;