Purnananda Behera vs Sabitri Behera And Others on 26 February, 2001

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Orissa High Court
Purnananda Behera vs Sabitri Behera And Others on 26 February, 2001
Bench: P Misra

ORDER

1. Heard learned counsels for the parties. This writ application is directed against the order passed by the Judge, Family Court, Cut tack, granting interim maintenance to the opposite parties.

2. There is no dispute that the suit for maintenance is pending. Of course, in a pending suit for maintenance, in exercise of powers under section 151 of the Code of Civil Procedure, direction regarding interim maintenance can be made depending upon the facts and circumstances of the case. In the present case, widowed-daughter-in-law and her children have claimed maintenance against her father-in-law. The order of the Judge, Family Court, does not indicate about any independent income of the present opp. parties. Initially, I was inclined to remand the matter to the Judge, Family Court, for causing an enquiry on this aspect. However, the enquiry for the purpose of interim maintenance may also take some time as would be required for deciding the suit on merit. In such View of the matter, while quashing the order passed by the Judge, Family Court, J direct that the entire suit shall be disposed of on merit within six months from the date of communication of this order.

3. The writ application is accordingly allowed. No costs.

4. Writ application allowed.

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