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1987 Supreme(AP) 277

RAMA RAO
VANGARA SATAYANARAYANA – Appellant
Versus
Vangara Venkataratnam – Respondent


RAMA RAO, J.

( 1 ) THESE revision petitions relate to the grant of interim maintenance pending disposal of the main original petitions for maintenance under sections 18 and 20 of Hindu Adoptions and Maintenance Act. The Court below granted interim maintenance of Rs. 200/- in all payable to the rate of Rs. 100/-each by the two respondents.

( 2 ) THE learned counsel for the petitioner contends that the Court has no jurisdiction to grant interim maintenance as such order is not contemplated by the Hindu Adoptions and Maintenance Act or inherent power under Sec. 151 C. P. C. In support of this contention reliance is placed upon the decision of this Court reported in G. Appanna vs. G. Seethamma #1 wherein the Division Bench of this Court held that the inherent powers cannot extend to powers other than procedural and the court cannot resort to provisions of Sec. 151 C. P. C. to encroach upon substantive rights of parties or in an interlocutory application upon matters which await adjudication and further no order under Sec 151 C. P. C. can be made except in a suit. It is further held that Sec. 18 of Hindu Adoptions and Maintsnance Act does not authorise the award of interim maintenance pe


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