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1970 Supreme(AP) 274

A.D.V.REDDY, O.CHHINNAPPA REDDY
Gorivelli Appanna – Appellant
Versus
Gorivelli Setthamma – Respondent


CHINNAPPA REDDI, J.

( 1 ) THIS Civil Revision Petition has been referred to a Division Bench by our brother Ramachandra Rao, J. as he was of the view that it raised an important question.

( 2 ) PENDING decision of a suit filed by the respondent for maintenance, past and future, against her husband, she filed an application, purporting to be under Section 151, Civil P. C. and S. 18 of the Hindu Adoptions and Maintenance Act, for a direction to her husband that he should pay her a sum of Rs. 150. 00 per month towards interim maintenance. The husband opposed the application as not maintainable as he was contesting her very right to maintenance in the suit. He also submitted that he has already obtained a decree for restitution of conjugal rights against his wife and no award of maintenance could, therefore, be made against him. The learned Subordinate Judge overruled the objection regarding the maintainability of the petition and awarded interim maintenance at the rate of Rs. 30. 00 per months. Aggrieved by this Order the husband has preferred this Civil Revision Petition.

( 3 ) SRI N. V. Ranganadham, learned counsel for the petitioner, contended that the lower court had no jurisdicti










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