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1990 DIGILAW 387 (KER)

Karthiyani v. Chandrika

1990-09-24

PAREED PILLAY

body1990
Judgment :- The short question that arises for consideration in the Civil Revision Petition is whether the revision petitioner is entitled to claim interim maintenance from her daughter against when application under S.20 of Hindu Adoptions and Maintenance Act has been filed. 2. Case of the petitioner is that the first respondent is in possession of the properties of her deceased father, that petitioner's eldest son is unheard of for the last seven years and that another son Karunakaran suffering from incurable disease is residing in a puramboke land. Petitioner claims Rs.300/- per month as maintenance. Interim maintenance is also claimed at the same rate. It is affirmed in the petition that she finds it extremely difficult to make both ends meet at the advanced age of 72. 3. Contention of the respondent is that there is no provision to grant interim maintenance in a petition filed under S.20 of the Act. 4. S.20(1) provides that a Hindu is bound during his or her lifetime to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. S.20(3) makes the position clear that aged or infirm parent is entitled to be maintained only if he is unable to maintain himself out of his own earnings or other property. 5. The power to make interim order for maintenance pending the application is implicit in the section itself. Merely because the Act does not contain any specific provision for interim relief a claim for the same cannot be denied. In view of S.20 the irrefutable position is that a Hindu is under a legal obligation to maintain his aged parents whether he possesses any property or not. The obligation to maintain the aged parents is personal and legal in character and arises from the very existence of the relationship between the parties. Section 20 gives a statutory form to the legal obligation of a Hindu male or female to maintain his or her minor children and aged or infirm parents. 6. Whereas S.18 lays down the personal obligation of a husband to maintain his wife during her life time S.20 envisages personal obligation on a Hindu to maintain his children, legitimate or illegitimate and his aged or infirm parents. The Section imposes a similar obligation on a Hindu female to maintain her children, legitimate or illegitimate, and her aged or infirm parents. The Section imposes a similar obligation on a Hindu female to maintain her children, legitimate or illegitimate, and her aged or infirm parents. The weight of authorities is that interim maintenance can be granted in an application under Section 18. In Daivasigamani Udayar v. Rajarani Ammal (AIR 1973 Mad. 369) the Court said: "In a suit by a wife against her husband for separate residence and maintenance under S.18 of the Act, where the relationship between the parties is admitted but the claim is contested by the husband, the court has jurisdiction to grant maintenance notwithstanding the absence of a specific provision in the Act." In Shankara Gowda v. Bharathi (AIR 1975 Karnataka 17) while considering a petition under SJ 8 of the Act Karnataka High Court held that interim maintenance can be granted where there is prima facie evidence of relationship of husband and wife between parties. This Court in Sivankutty v. Kamalakumari (1988 (1) KLT 601) held that the court has inherent power when it tries a suit under S.18 of the Act to pass orders allowing interim maintenance. 7. As the Courts have held that interim maintenance can be granted in an application under S.18 by invoking the powers under S.151 C.P.C. the position can no less be different in an application under S.20 of the Act. If it is contended that Court cannot grant interim maintenance in the absence of any specific provision under the Act, the result would be utter hardship and misery on the applicant. Some times, final decision in the application may get delayed for no fault of the applicant. In such a situation if interim maintenance is refused it may drive the petitioner to chill penury and starvation. This must be prevented by the Court coming to the rescue of the petitioner by granting interim maintenance invoking S.151 C.P.C. In a proceeding under S.20, the Court's power to grant interim maintenance under S.151 C.P.C. cannot be refused whenever a prima facie case is made out. Considering the entire circumstances of the case interim maintenance is granted at the rate of Rs.150/- per month. Civil Revision Petition stands allowed. No costs.