The court has jurisdiction to grant interim maintenance under Section 151, C. P. C. in cases where the relationship between the spouses is not in challenge and there are no exceptional circumstances of a prima facie nature against such relationship. The quantum of maintenance should be determined based on the respective income of the parties and the means they have.

D. P. MOHAPATRA, J.

( 1 ) THE claim to interim maintenance by the wife and the two minor children of the petitioner is the subject matter in this revision petition. The opposite parties, the wife and the two minor children of the petitioner, filed Title Suit No. 50 of 1978 in the Court of the Subordinate Judge, Bargarh against the petitioner for realisation of Rs. 23,700/- towards maintenance. The petitioner in his written statement admitted the relationship but contested the claim on various grounds. In the said suit the opposite parties also filed a petition under Section 151, C. P. C. claiming interim maintenance at the rate of Rs. 300/-per month (Rs. 200/- for the wife and Rs. 50/- for each of the childern ). The said petition having been allowed by the learned Subordinate Judge by his order dated 13-5-1980, this revision petition has been filed by the petitioner,

( 2 ) IN their application for interim maintenance the opposite parties averred inter alia that Dukhanashini (Opp. party No. 1) is the legally married wife of the petitioner and Praphula and Kalyani (Opp, Parties 2 and 3) are the two children born out of their wedlock, that the petitioner ill-treated them and drove them out of his house some time in December, 1975 and since then they are living in the house of the father of the opposite party No. 1 completely at his mercy. They further alleged in the said petition that the petitioner after driving out the opposite parties from his house married one Bedamati and has been leading a conjugal life with her in the same house. Even he has settled some lands belonging to the family in favour of Bedamati but has made no arrangement for the maintenance of the opposite parties. The opposite parties further stated that since they have no independent source of income to meet their minimum necessities an order for interim maintenance may be passed by the Court. The petitioner in his objection to the said application for interim maintenance denied the allegations made in the application filed by the opposite parties. He stated that he is ready and willing to take the opposite parties to his company and maintain them within the resources at his disposal. He further stated that he is a poor man and has no other source of income excepting only 2. 71 acres of land and it will be extremely difficult on his part to pay any interim maintenance.

( 3 ) BOTH the parties filed affidavits and documents in support of their averments made by them. The learned Subordinate Judge on a consideration of the materials allowed the application for interim maintenance as stated above. The impugned order is challenged on the following grounds:-

(i) the Court below has no jurisdiction to exercise powers under Section 151, C. P. C. to grant interim maintenance;

(ii) the court below has not considered the affidavit of Mukta Pradhan filed on behalf of the petitioner and hence the order is vitiated : and

(iii) the quantum of interim maintenance has not been properly ascertained. In support of his contention t hat the Court has not jurisdiction to grant interim maintenance under Section 151, C. P. C. the learned counsel for the petitioner has placed reliance on the decision of Madras High Court in the case of (Mohomed Abdul Rahman v. Tajunnissa Begum) AIR 1953 Mad 420, wherein it has been laid down that in a suit for maintenance by the wife where a claim is hotly contested, an order for payment of interim maintenance is without jurisdiction and a decision of the Andhra Pradesh High Court in the case of (Gorivelli Appanna v. Gorivelli Seethamma), AIR 1972 Andh Pra 62, which following the aforesaid Madras decision has held that the Court has no power to award interim maintenance under Section 151, C. P. C. since Section 18 of Hindu Adoptions and Maintenance Act does not authorise the award of interim maintenance pending decision of suit in which the very claim to maintenance is in contest. Both the aforesaid decisions and several other decisions on the point