SUPREME COURT OF INDIA

Before:- B.N. Agrawal and H.K. Sema, JJ.

Civil Appeal No. 1484 of 2003 D/d. 13.4.2005.

Suresh Khullar - Appellant

Versus

Vijay Khullar - Respondent

Hindu Adoptions and Maintenance Act, 1956, Section 18 - High Court rejected the prayer of appellant (second wife) for grant of interim maintenance - Supreme Court refrained itself from expressing any opinion on merits since the question as to whether appellant was a second wife and if that was so, she was entitled to claim maintenance under the 1956 Act was hotly contested issue in the main proceedings - Appellant allowed interim maintenance at the rate of Rs. 2000 p.m. for time being without deciding the said question.

[Para 2]

JUDGMENT

B.N. Agrawal, J. - Heard learned counsel for the parties.

2. By the impugned orders, the High Court rejected the prayer for grant of interim maintenance in favour of the alleged second wife. It appears that the question as to whether the appellant is a second wife and if that is so, she is entitled to claim maintenance under the Hindu Adoptions and Maintenance Act, 1956, is hotly contested issue in the main proceeding, as such at this juncture, we refrain ourselves from expressing any opinion on merits of the claims and contentions of the parties. For the time being, we are of the view that without deciding the question, the appellant should be allowed interim maintenance at the rate of Rs. 2,000/- per month beginning from the month of May, 2005 till the decision of the main case.

3. Accordingly, the appeal is allowed, impugned orders are set aside and the question which was raised in the present appeal is left open to be decided in the main case. The respondent is directed to pay Rs. 2,000/- per month by way of interim maintenance to the wife, who is the appellant, beginning from the month of May, 2005 till the decision of the main case pending before the trial Court.

4. The quantum of maintenance for the month of May, 2005 shall be paid by seventh day of the succeeding month i.e. 7th June, 2005 and likewise for succeeding months till the disposal of the main case, which shall be paid by bank draft in favour of the appellant and sent to the appellant by registered post at her address so that the same may be received on or before the aforesaid date.

5. No costs.

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