Chigurupati Bambasiva Rao Vs. Chigurupati Vijayalaxmi
EmailAppeal: Civil Appeal No.2887 of 1997
(Arising out of SLP (C) No. 7771 of 1994)
(Arising out of SLP (C) No. 7771 of 1994)
Petitioner: Chigurupati Bambasiva Rao
Respondent: Chigurupati Vijayalaxmi
Apeal: Civil Appeal No.2887 of 1997
(Arising out of SLP (C) No. 7771 of 1994)
(Arising out of SLP (C) No. 7771 of 1994)
Judges: M.M.PUNCHHI & S.B.MAJMUDAR, JJ.
Date of Judgment: Apr 21, 1997
Head Note:
PRACTICE AND PROCEDURE
Constitution
Article 142 – Pending appeal, High Court passing interim orders of maintenance under Section 24 of Hindu Marriage Act, 1955 ul-timate dismissal of appeal against device of divorce – Order of maintenance ordered to be continued even thereafter – Justifica-tion – Held that without going into controversy, the order of maintenance is otherwise valid against husband under Section 125 of Cr.P.C. Amount awarded shall be taken to
have been awarded under Section 125 Cr.P.C. (Para 2)
Constitution
Article 142 – Pending appeal, High Court passing interim orders of maintenance under Section 24 of Hindu Marriage Act, 1955 ul-timate dismissal of appeal against device of divorce – Order of maintenance ordered to be continued even thereafter – Justifica-tion – Held that without going into controversy, the order of maintenance is otherwise valid against husband under Section 125 of Cr.P.C. Amount awarded shall be taken to
have been awarded under Section 125 Cr.P.C. (Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. The impugned order was passed by the High Court in its first appellate jurisdiction.Pending appeal,the husband-petitioner was subjected to an interim order under Section 24 of the Hindu Marriage Act,1955,directing him to pay maintenance pendente lite at the rate of Rs.500 per mensem to the wife -respondent and Rs.250 per month to each of the minor daughters.The appeal was dismissed whereby claim for a decree of divorce on the ground of desertion was declined.The order of maintenance was ordered to continue even thereafter.Now,a challenge herein is made as to the continuation of the said order beyond the date of dismissal of the appeal. We do not intend to go into the legalistics of the controversy but having regard to the fact that the claim of the wife and the children respecting maintenance is valid otherwise against the husband under Section 125 CrPC,we pass this order to do complete justice between the contestants inasmuch as ordering that the said amount shall be taken to have been awarded as main-tenance under Section 125 CrPC both to the wife as well as to the children,for those sums are well within the confines of the aforesaid provision.The appeal, thus,stands disposed of on these terms.
1. Leave granted.
2. The impugned order was passed by the High Court in its first appellate jurisdiction.Pending appeal,the husband-petitioner was subjected to an interim order under Section 24 of the Hindu Marriage Act,1955,directing him to pay maintenance pendente lite at the rate of Rs.500 per mensem to the wife -respondent and Rs.250 per month to each of the minor daughters.The appeal was dismissed whereby claim for a decree of divorce on the ground of desertion was declined.The order of maintenance was ordered to continue even thereafter.Now,a challenge herein is made as to the continuation of the said order beyond the date of dismissal of the appeal. We do not intend to go into the legalistics of the controversy but having regard to the fact that the claim of the wife and the children respecting maintenance is valid otherwise against the husband under Section 125 CrPC,we pass this order to do complete justice between the contestants inasmuch as ordering that the said amount shall be taken to have been awarded as main-tenance under Section 125 CrPC both to the wife as well as to the children,for those sums are well within the confines of the aforesaid provision.The appeal, thus,stands disposed of on these terms.
