J U D G M E N T

Shaffique, J Ext.P4 order passed by the Family Court in I.A.No.614/2014 in O.P.No.276/2014 is under challenge. By the interim order direction had been issued by the Court below to pay an amount of Rs.2,000/- to the petitioner and Rs.1,000/- each to the children from 13/06/2014.

2. The main contention urged by the learned counsel for the petitioner is that the original petition is filed before the Family Court under the Guardian and Wards Act for permanent custody of the children. In the said application, claim for interim maintenance for the mother is not permissible. 3. Heard learned counsel for the respondent.

4. This position of law has been well settled in Binulal v.

Roopa [2011(3) KLT 933] wherein it is held by this Court at paragraphs 5 and 6 as under:

O.P.(F.C) No.430/2014 “5. On to the order for interim maintenance to the wife, it has to be noted that the main matter pending before the Family Court is only an application filed by the husband under the provisions of the G. & W. Act for custody of the child. It is not a petition for divorce. It is not a litigation claiming maintenance. The G. & W. Act does not contain any provision similar to that in S.24 of the