Rambabu Biyani vs Smt. Priya
2021 Latest Caselaw 8065 MP

          HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE

                                      M.P. No.2469/2021
                      (Rambabu Biyani and others Vs. Smt. Priya and others)
                                                                                  -1-

        Indore, dated 01/12/2021
                      Shri Kailash Daima, learned counsel for the petitioner.
                      I.A. No.6526/2021, an application for interim stay is taken up.
                      Learned counsel for the petitioner by filing this petition is
        challenging the impugned order dated 05.12.2019 passed by the trial
        court by which interim maintenance was granted to the respondent.

Learned counsel for the petitioner has relied upon the judgment delivered by the Punjab and Haryana High Court in the case of Makhan Singh Vs. Jagdish Kaur and others, 1991 (2) HLR 237. In the aforesaid judgment, it has been categorically held that Hindu Adoption and Maintenance Act, 1956 does not authorise the passing of any order for the payment of litigation expenses and maintenance allowance pendente-lite. Hence, he prays that operation of the impugned order be stayed till the next date of hearing.

As per the order-sheet dated 11.11.2021 of the trial court, last opportunity has been given to the petitioner with observation that if he fails to produce the stay order of the High Court, he has to pay all the arrears of the amount otherwise, the Court will proceed against him further.

In view of the law laid down in the case of Makhan Singh (supra), it is directed that the operation of the impugned order dated 05.12.2019 passed by the court below shall remain in abeyance till the next date of hearing.

C.c. as per rules.

(Anil Verma) Judge N.R.

Digitally signed by NARENDRA KUMAR RAIPURIA Date: 2021.12.02 18:55:40 +05'30'