Karthiyani vs Chandrika

Pardeep Pillay, J.—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 u/s 20 of Hindu Adoptions, and Maintenance Act has been tiled.

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.

Contention of the Respondent is that there is no provision to grant interim maintenance in a petition filed u/s 20 of the Act.

Section 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. Section 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.

The power to make interim order for maintenance pending the application is implicit in the section itself. Merely the Act does not contain any specific provision for interim relief a claim for the same cannot be denied. In view of Section 20 the irrefutable is position 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.

Whereas Section 18 lays down the personal obligation of a husband to maintain his wife during her life time Section 20 envisages personal obligation on a Hindu to maintain his children, legitimate 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 weight of authorities is that interim maintenance can be granted in an application u/s 18. In Deivasigamani Udayar Vs. Rajarani Ammal, the Court said;

In a suit by a wife against her husband for separate residence and maintenance u/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 Kar 17 while considering a petition u/s 18 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. Kamala Kumari 1988 (I) KLT 601 held that the court has inherent power when it tries a suit u/s 18 of the Act to pass orders allowing interim maintenance.

As the Courts have held that interim maintenance can be granted in an application u/s 18 by invoking the powers u/s 151 CPC the position can no less be different in an application u/s 20 of the Act. If 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 Section 151 Code of Civil Procedure. In a proceeding u/s 20, the Court''s power to grant interim maintenance u/s 151 CPC 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.