( 1 ) WHETHER an Interlocutory Application for grant of interim maintenance to a Hindu wife and her mentally retarded minor child towards provision of food, clothing as well as medical attendance and treatment and education to the child, filed in a suit brought under the provisions of Hindu Adoptions and Maintenance Act, 1956 (for short the Act ) for maintenance against the husband, can be entertained by a Court therefor in exercise of the inherent powers of the Court under S. 151 of the Code of Civil Procedure, despite the absence of a specific provision in this behalf in the Act is the question involved in this Civil Revision Petition. FACTS :

( 2 ) THE 1st respondent herein was married to the petitioner on 22-10-1986 as per Hindu rites and customs. Out of the said wedlock, 2nd respondent was born. He is mentally retarded. The 1st respondent was allegedly being harassed by the petitioner. Her parents were unable to meet the demands of her husband and in-laws for more and more amount of dowry although a huge amount had been paid at the time of the marriage. Allegedly, even the 2nd respondent was not being provided with any medical treatment. It is alleged that the petitioner deserted the respondents. Therefore, they filed a suit in the Court of Judge, Family Court, City Civil Court for grant of maintenance at the rate of Rs. 2500/- per month under the provisions of the Act.

( 3 ) AN application for grant of interim maintenance at the rate of Rs. 1500/- per month was filed which was marked as I. A. No. 468 of 2000. The 2nd respondent was styding in the Special Education Centre for mentally handicapped institute of Genetics, Hyderabad in Primary-II.

( 4 ) THE learned Judge, Family Court, on a prima facie consideration of the material placed before him, by reason of the impugned order dated 24-6-2001, directed payment of Rs. 1000/- per month towards interim maintenance. Questioning the said order, this revision petition has been filed.

( 5 ) THE learned counsel for the petitioner would urge that in a suit for maintenance under the provisions of the Act, no application for interim maintenance would be maintainable. The Judge, Family Court has no jurisdiction to pass an interim order of the nature under S. 151 of the Code of Civil Procedure. The learned counsel in support of the said contention has placed strong reliance on G. Appanna v. G. Seethamma, Ramchandra v. Snehalata Dei, and A. Subrahmanyam v. A. Rama Devi (2000) 1 Andh LT 351 : (2000 AIHC 2495 ).

( 6 ) THE learned counsel appearing on behalf of the respondents, on the other hand, would submit that the petitioner as husband and father had a statutory obligation to maintain the respondents. The right of wife and a minor child to be maintained under the Act cannot be postponed till the determination of the issue on merits. The learned counsel would urge that if the respondents have been able to show that they were not being maintained by the petitioner, they are entitled to be granted interim maintenance pendente lite. Therefore, it is one of such circumstances where the Court would be entitled to pass an order ex debito justitiae particularly when the relationship between the parties is admitted.

( 7 ) IN the instant case, the petitioner does not dispute the solemnisation and consummation of the marriage with the 1st respondent and his statutory obligation to maintain his wife and son. His contention before the learned Judge, Family Court, as also before us is that an application for interim maintenance under S. 151 of the Code of Civil Procedure is not maintainable. Statutory Provisions :

( 8 ) THE Parliament enacted Hindu Adoptions and Maintenance Act, 1956 codifying the law relating to adoption and maintenance among Hindu.

( 9 ) SECTION 18 of the Act, which provides for maintenance of wife, reads as follows : (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m