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1997 Supreme(Bom) 692

RANJANA DESAI, V.P.TIPNIS
Atul Sashikant Mude – Appellant
Versus
Niranjana Atul Mude – Respondent


JUDGMENT - V.P. TIPNIS, J.:---This appeal, which was admitted by the 1st Court on 29th July 1997, was taken up for hearing as it was stated on behalf of the appellant that the order is such that it is impossible for him to comply with and will result into grave hardship to the appellant-husband.

2. The order impugned is an ad-interim order passed by the learned Single Judge in a Notice of Motion taken out in a suit filed by the wife under section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the "Act") for maintenance for herself and her minor daughter. The learned Judge by the impugned order dated 17th July 1997 awarded an ad-interim maintenance of Rs. 7,500/- per month commencing from July 1997. The amount, the learned Judge clarified would include Rs. 1,600/- which the defendant-husband is prepared to pay for the maintenance of the child.

3. Mr. Naphade, learned Counsel appearing for the appellant-husband, read out the impugned order and raised three points. He, firstly, contended that the Court has no jurisdiction to pass an ad-interim order of the nature in a suit filed for maintenance under section 18 of the Act. Mr. Naphade contended that the











































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