THOTTATHIL B. RADHAKRISHNAN, J.

1. The husband challenges an order of the family court granting interim maintenance to the wife, interim maintenance to the child and Rs.5,000/- as litigation expenses, pending an application filed by the husband for custody of his one year old son, invoking the provisions of the Guardians and Wards Act, 1890, for short, ‘G & W Act’.

2. The order for payment of maintenance to the wife stands stayed by this Court at the stage of admission with the clarification that the order of stay will not operate as regards the maintenance for the child.

3. The baby boy, about one year old, is granted Rs.2,000/- per month as maintenance. In our view, that is never against the interest of its father. In fact, he does not, challenge that part of the order.

4. Though the learned counsel for the petitioner husband argued that the order to pay Rs.5,000/- is as cost and cannot be sustained, it having been passed on the first date of posting of the case before the family court, we do not see that it is an order for costs. It is an order for litigation expenses. Therefore, we see no legal infirmity in that, including its issuance on the first date of hearing