Case Note & Summary
The petitioners, defendants 1 to 4 in a partition suit, challenged an order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.25238/2015. The respondent/plaintiff had filed the suit for partition and separate possession of joint family properties described in Schedules 'A' to 'H', claiming a 1/4th share. During the pendency of the suit, the plaintiff filed an application under Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking interim maintenance for himself and his family. The trial court partly allowed the application, directing the defendants to pay monthly interim maintenance. The defendants challenged this order by way of a writ petition under Article 227 of the Constitution of India. The High Court examined whether the trial court had jurisdiction to grant interim maintenance under Section 151 CPC in a partition suit. The court noted that Section 151 CPC preserves the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. However, these inherent powers cannot be invoked to grant substantive relief that is not provided for by any specific provision of law or agreement between the parties. The court observed that maintenance is a substantive right governed by specific statutes such as the Hindu Adoption and Maintenance Act, 1956, and cannot be granted under the inherent powers of the court. The trial court's order was without jurisdiction and liable to be set aside. The High Court allowed the writ petition, quashed the impugned order, and dismissed the application for interim maintenance.
Headnote
A) Civil Procedure - Inherent Powers - Section 151 CPC - Interim Maintenance - The trial court partly allowed an application under Section 151 CPC directing defendants to pay monthly interim maintenance to the plaintiff in a partition suit. The High Court held that Section 151 CPC cannot be invoked to grant substantive relief like maintenance when no specific provision or agreement exists. The inherent power is meant to secure the ends of justice or prevent abuse of process, not to create new remedies. The order was set aside as without jurisdiction. (Paras 1-10) B) Hindu Law - Maintenance - Partition Suit - Interim Maintenance - In a suit for partition of joint family properties, the plaintiff sought interim maintenance for himself and his family. The High Court held that maintenance is a substantive right governed by the Hindu Adoption and Maintenance Act, 1956, and cannot be granted under the inherent powers of the court under Section 151 CPC. The court emphasized that inherent powers are not a source of substantive relief and cannot be used to bypass statutory provisions. (Paras 2-10)
Issue of Consideration
Whether the trial court could grant interim maintenance under Section 151 of the Code of Civil Procedure, 1908 in a suit for partition without any specific provision or agreement between the parties
Final Decision
The High Court allowed the writ petition, quashed the order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions Judge, Bengaluru, in O.S.No.25238/2015, and dismissed the application filed by the plaintiff under Section 151 CPC.
Law Points
- Interim maintenance cannot be granted under Section 151 CPC in a partition suit
- Inherent powers are not a source of substantive relief
- Maintenance is governed by specific statutes like Hindu Adoption and Maintenance Act
- 1956
