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2000 DIGILAW 1181 (MP)

Suresh And Ors. v. Nanubai

2000-11-01

S.B.SAKRIKAR

body2000
ORDER S.B. Sakrikar, J. 1. Applicant-defendants have directed this revision against the order dated 22.12.1997 passed by District Judge, Mandleshwar in Misc. Civil Case No. 9/97 thereby awarding Rs. 250/ - per month by way of maintenance in favour of the non-applicant/plaintiff during the pendency of the suit filed by the non-applicant in forma pauperis. 2. Briefly stated the facts of the case are that the non applicant plaintiff filed a suit against the present applicants for the reliefs indicated below : "xxx xxx xxx xxx xxx" 3. During the pendency of the aforesaid case non-applicant filed LA. No. 2 under Section 151, C.P.C. for grant of maintenance pendente lite. The learned trial Judge by the impugned order, allowed the said application of the non-applicant and granted maintenance @ Rs. 250/- per month in favour of the non-applicant during the pendency of the suit. Aggrieved, the applicants have filed this revision. 4. I have considered rival submissions of the learned Counsel for the parties and perused the record as also the reliefs claimed by the non-applicant in her suit. On perusal, it emerged that the non-applicant did not claim to be the legally wedded wife of the applicant No. 1 Suresh and claimed relief of prohibitory injunction against non-applicant No. 1 that he should not marry elsewhere. In view of the aforesaid fact, the non-applicant is not entitled to get any maintenance under any law for the time being in force during the pendency of the suit filed by the non-applicant. As such, the impugned order of the Trial Court awarding maintenance pendente lite is prima facie illegal and in excess of the jurisdiction vested in the Court and deserves to be set aside. 5. Consequently, this revision petition is allowed. The impugned order of the Trial Court awarding maintenance pendente lite is set aside. Parties through their Counsel are directed to appear before the Trial Court in the pending suit on 13.11.2000. Record be remitted back immediately. No orders as to costs.