S.K.MAL LODHA, J. - (1.) THIS revision petition under Section 115 CPC has been filed by the defendant -petitioners against the order dated February 6, 1981 of the Civil Judge, Jodhpur, by which, he directed the defendants to pay interim maintenance at the rate of Rs. 250/ - per month from the date of the application dated October 15, 1979 to the plaintiff -non -petitioner on the condition that the next friend of the minor plaintiff furnishes a security for the return of the amount so received in the event of the suit being dismissed.
(2.) THE plaintiff -non -petitioner Sandhya through her next friend instituted a suit against the defendant -petitioners under Section 22 of the Hindu Adoptions and Maintenance Act (No. 78 of 1976) (for short 'the Act hereafter) averring that she is the daughter of late Anand Singh Kachhawa by his second wife Smt. Sheela Devi. Anand Singh died on April 2, 1977. Anand Singh bequathed his properties by a Will to the petitioners who are in their possession after his death. The plaintiff claimed maintenance at the rate of Rs. 500/ - per month. An application under Section 151 CPC was moved on behalf of the plaintiff on October 15, 1979 for the grant of interim maintenance. The defendants resisted the application on various grounds. The principal ground was that the plaintiff is neither the daughter of Anandsingh nor Smt. Sheela Devi (mother of the plaintiff) was his second wife. It was also submitted that there is no provision in the Act to grant interim maintenance.
(3.) THE learned Civil Judge by his order dated February 6, 1981 granted interim maintenance as aforesaid. Hence this revision.;