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1989 Supreme(Ori) 32

HARI LAL AGRAWAL, P.C.MISRA, D.P.MOHAPATRA
KHADAL PENTHI – Appellant
Versus
HULASH DEI – Respondent


Advocates Appeared:
ASHOK MISHRA, B.RATH, H.P.RATH, K.C.SATHPATHY, P.K.Parida, PRASANTA KU.PANDA

P. C. MISRA, J.

( 1 ) THIS revision arises out of a suit filed by the present opposite parties 1 and 2 praying for recovery of properties worth Rs. 15,000/- from the defendants and for maintenance of Rs. 300/- per month for opposite party No. 1 and Rs. 100/- per month for opposite party No. 2 from the present petitioner with other consequential reliefs. An application for interim maintenance was filed in the trial Court which was objected to by the present petitioner on the ground that there is no relationship of husband and wife between him and opposite party No. 1 and also for the reason that the Court would have no jurisdiction to grant maintenance u/s. 151 of the Civil Procedure Code. The learned trial Court negatived both the contentions and allowed interim maintenance of Rs. 100/- and Rs. 50/- to opposite parties 1 and 2 respectively per month till the disposal of the suit. This revision was filed challenging the legality of the said order which on being placed before one of the Hon'ble Judges of this Court was referred to a Division Bench because of the reason that the learned Judge did not agree with the proposition of law that a mere denial of marital relationship would d










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