Patesh Kumar vs Mayank and Another

A.M. Sapre, J.—It is a writ under Article 227 of the Constitution of India. It is filed to challenge an interim order, dated 27.9.2002, passed in Civil Suit No. 23-A of 1996 by District Judge, Jhabua on an application made by the applicants for claiming interim maintenance under the provisions of Hindu Adoptions and Maintenance Act.

Having heard the learned Counsel for the petitioner and having perused the record of the case, I find absolutely no merit in this writ.

The need to file this writ has arisen, because according to petitioner he has no right to file civil revision which he could have filed earlier u/s 115 of C.P. Code i.e. prior to amendment in the C.P.C. which was brought into effect from 1.7.2002. Indeed, no writ lies against an interim order much less under Article 227 of the Constitution of India. That apart, when I read the impugned order, I find absolutely no merit in this writ. It is quite a reasoned order and hence, does not call for any interference. The learned District judge has been pleased to fix an interim maintenance payable to two minor children by the present petitioner, who'' is non-applicant, in the original case being their father. A payment of Rs. 250/- each i.e. Rs. 500/- per month for the maintenance of two children can never be regarded as unreasonable or arbitrary. It is much more so when it takes into account the monthly income of the father (non-applicant). It is a pious obligation of a father to maintain his minor children after the death of their mother.

The only question involved in this petition was, whether fixation of Rs. 250/- per month to each child (two in number) was legal and justified or not ? In my opinion, it is legal and justified.

Petition thus, fails and is dismissed in limine.