1. Smt Santosh Kumari, respondent herein, has filed a suit against her husband, apppellant herein, under Sec.18 of the Hindu Adoptions and Maintenance Act, (for short Act, hereafter), for grant of maintenance, which is pending disposal in the court of learned 1st Additional District Judge Jammu. During the course of these proceedings, she moved an application for interim maintenance and claimed Rs.400/- P.M. on the ground that her husband had contracted a second marriage with Maina Kumari D/o Om Parkash and had neglected her. The appellant took a plea that the application was not maintainable and further that he was not in a position to pay any interim maintenance to the respondent. Learned 1st. Addl District Judge firstly decided the question of maintainability of the petition against the appellant and after wards after recording evidence of both the parties granted Rs.275/- P.M. as interim maintenance to the respondent. Aggrieved by this order the appellant has coriiein appeal before this court.

2. I have heard the learned counsel for parties. Learned appearing for the appellant has taken two pleas firstly that the application for interim maintenance was not at all maintainable un

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