( 1 ) THIS appeal is from the order dated 5th September 1967 passed by R. M. Datta. J.

( 2 ) THE order was passed on an interlocutory application filed by the plaintiff for interim maintenance. The plaintiff filed a suit and claimed Rs. 800/- per month for maintenance and residence and also claimed maintenance and educational expenses of the daughter.

( 3 ) THE learned Judge made an order directing the defendant-husband to pay Rs. 160/- per month to the wife by was of interim maintenance pending the decision of the suit and further directed that the sum was to be paid from the month of August, 1967 and thereafter month by month until trial and decision in the suit

( 4 ) COUNSEL for the appellant contended that the Court had no jurisdiction to order interim maintenance, In aid of that contention reliance was placed on the decision in Mahomed Abdul Rahman v. Taiunnissa Begum. Reliance was also placed on the decision of the Supreme Court in Padam Sen v. State of Uttar Pradesh,.

( 5 ) THE contentions on behalf of the appellant were that there was no express statutory provision under which interim maintenance could be granted.

( 6 ) THE decision of the Supreme Court in Pada