GOURI GUPTA CHAUDHURY Vs. TARANI GUPTA CHAUDHURY

JUDGEMENT

(1.) In this application the main point for decision is whether pending the decree being passed in the suit for maintenance an order for payment of interim maintenance can be made in an interlocutory application. The point is of much substance because under the Hindu Adoptions and Maintenance Act (No. 78 of 1956) there is no specific provision for payment of interim maintenance as is the case with some other statutes viz. the Indian Divorce Act of 1869. the Hindu Marriage Act of 1955 and the Special Marriage Act of 1956.

(2.) In the suit filed herein the wife has claimed Rs. 800/- per month for maintenance and residence. She has also claimed maintenance and education expenses of her daughter Tapati. She has also prayed for a declaration of charge on the immovable properties for the due payment of the decretal amount when passed.

(3.) The marriage is admitted. The daughter is now 22 years of age. The applicant wife has been staying in a separate residence from the husband since quite some past but in spite thereof the husband had all long been voluntarily paying a sum of Rs. 100/- per month on account of the wife's maintenance until about August, 1966.