Case Note & Summary
The petitioner, Smt. Janabai Ramchandra Barge, filed a writ petition under Article 227 of the Constitution of India challenging an order passed by the IInd Joint Civil Judge, Senior Division, Satara below Exhibit-44 in Special Civil Suit No. 137 of 1997. The suit was filed by the petitioner for partition, possession, and mesne profits against the respondents, including her father-in-law (since deceased) and others. During the suit, the petitioner had filed an application (Exhibit-38) for interim maintenance under Section 151 of the Code of Civil Procedure, 1908. The Civil Judge allowed that application on 23.6.1998, granting maintenance at Rs.500 per month against defendant nos. 1, 3, and 4 until the disposal of the suit. Subsequently, the respondents filed an application (Exhibit-44) seeking review of that order. The Civil Judge, by the impugned order, reviewed and set aside the earlier maintenance order. The petitioner challenged this review order. The High Court examined whether the Civil Judge had the power to review an interim order under Section 151 CPC without any change in circumstances. The court noted that the order granting maintenance was an interim order passed under Section 151 CPC, which is meant to secure the ends of justice. Such an order can be varied or reviewed only if there is a change in circumstances. In the present case, the respondents did not demonstrate any change in circumstances. The Civil Judge's review was based on the ground that the suit was for partition and the petitioner had a share in the property, but that was a fact known at the time of the original order. The High Court held that the review was not justified and set aside the impugned order, restoring the maintenance order dated 23.6.1998. The writ petition was allowed with no order as to costs.
Headnote
A) Civil Procedure Code - Interim Maintenance - Section 151 CPC - Review of Interim Order - The court held that an interim order granting maintenance under Section 151 CPC cannot be reviewed or varied without a change in circumstances. The Civil Judge erred in reviewing the order dated 23.6.1998 granting maintenance at Rs.500 per month, as no change in circumstances was shown. (Paras 1-5)
Issue of Consideration
Whether the Civil Judge had jurisdiction to review an interim maintenance order under Section 151 CPC without any change in circumstances.
Final Decision
The High Court allowed the writ petition, set aside the impugned order below Exhibit-44, and restored the order dated 23.6.1998 granting maintenance of Rs.500 per month. No order as to costs.
Law Points
- Interim maintenance under Section 151 CPC
- Review of interim orders
- Change in circumstances requirement
- Partition suit maintenance
