ORDER
P. Ramakrtshnam Raju, J
1. This is an application filed by the wife who is respondent in the main C.M.A. (seeking for a direction to pay a monthly maintenance pending appeal and also the expenses for the proceedings. The respondent's husband filed the O.P. in the lower Court for a decree of divorce against the petitioner. During the pendency of the said application, the petitioner claimed maintenance for herself and also for her minor sen together with expenses for the litigation. The petitioner was granted monthly maintenance of Rs. 2,500/-while the minor son was granted a sum of Rs.500/- towards maintenance apart from a sum of Rs. 5,000/- towards legal expenses pending disposal of the O.P. The said order was unsuccessfully challenged by the respondent in the High Court. Later .the O.P. was also dismissed, hence the respondent filed the appeal which is pending.
2. As the order of maintenance to both the petitioner and her minor son was well as providing logal expenses was confirmed by the High Court in C.R.P. and as the respondent has lost in the O.P. we are of the opinion that the petitioner is entitled to claim maintenance pending the appeal for herself and to her minor son in addition to legal expenses.
3. However, Sri B. Adinarayana Rao, learned Counsel for respondent submits that the O.P. was dismissed on 4-6-1997 and this application was filed on 18-2-1998 for interim maintenance and in asmuch as there was no proceedings pending during that time, the respondent is not bound to pay any maintenance for that period as per Section 24 of the Hindu Marriage Act. A look at Section 24 of Hindu Marriage Act is necessary, which is extracted here under:
'Where in any proceeding under this Act is appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the Court to be reasonable.'
A reading of Section 24 of Hindu Marriage Act, makes it clear that where in any proceedings under this Act, if the Court finds that either of spouse has no independent income, he or she may seek for an order seeking expenses of the proceedings and also such sum towards monthly maintenance during the pendency of the proceedings. The words 'During the proceedings in Section 24' may in the first flush show that the party is entitled to claim maintenance only during the pendency of the proceedings, but on a close scrutiny these words clearly apply not only to the proceedings before the trial Court but also daring the pendency of proceedings in appeal as well as during the period between the termination of proceedings in the trial Court and filing of appeal. The appeal is only continuation of the suit or proceedings in the trial Court, without there being a suit or proceedings in the trial Court there cannot be an appeal, therefore the proceedings in the appeal being continuation of the proceedings, the party is entitled to claim maintenance during the period between the date of the decree and the date of filing of the appeal. Merely because the party is unable to file an appeal within a particular period and that too after deducting the time for obtaining the copies, it does not mean that the party is not entitled to claim maintenance during that period. If this interpretation is accepted, it would be defeating the purpose of the provisions enabling a party to claim interim maintenance pendingproceedings under this Act. 'Proceedings' means proceedings under the Act and it is referable to the Act only. Therefore, we cannot accept the interpretation placed on Section 24 by the learned Counsel for respondents and we hold that the petitioner is entitled to claim maintenance from the date on which respondent has committed default of the order of the lower Court. As the respondent who has committed default of the order of the lower Court order cannot be said that he is not bound to pay maintenance till he files an appeal. Having regard to the order passed by the Lower Court in flic year 1995 which was confirmed by the High Court and also having regard to the escalation of the prices during the last three years, we arc of the view that a sum of Rs. 4,000/- (Rupees four thousand only) for both the petitioner and her minor son instead of Rs.3,000/- would be reasonable towards the monthly maintenance. Accordingly we increase the maintenance to the petitioner by Rs.500/-and her minor son by Rs. 5007-. Accordingly, the petitioner and her minor son would get Rs. 3,000/- and Rs. 10007- respectively as maintenance and this amount will have to be paid from the date of this application. So far as the arrears are concerned from the date from which the respondent has committed default of the order of the lower court till date of filing of this application, the petitioner and her minor son arc entitled to receive the maintenance at the same rate as awarded by the Lower Court. We also award a sum of Rs. 5,0007- (Rupees five thousand only) towards litigation expenses in this Court. The respondent shall deposit arrears within a period of four weeks from today and continue to deposit the maintenance at the rate mentioned as above by 10th of every month commencing from 10-4-1998.
4. Post after 15-4-1998.