Skip to content


M.K. Malhotra Vs. Kirti Malhotra - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtDelhi High Court
Decided On
Case NumberCivil Revision No. 1044 of 1980
Judge
Reported in1982(3)DRJ59
ActsHindu Marriage Act, 1955 - Sections 24
AppellantM.K. Malhotra
RespondentKirti Malhotra
Excerpt:
hindu marriage act 1955 - sections 24, 26. whether in a petition under section 24 wife can claim maintenance for the child living with her ? held yes. - (1) the proceedings for the grant of interim maintenance are proceedings under the hindu marriage act (the act). under section 26 of the act the court is empowered to pass interim orders for the maintenance and education of the minor children in any proceedings arising under the act. thus when the wife approaches the court for maintenance for herself and her child it has to consider the facts of the case and determine under section 24 read with section 29 of the act, the amount of maintenance if any payable to the wife and the child born out of the wedlock. the learned judge was thereforee of the view that in any proceeding u/s 24 of the act provision for the maintenance and education of children can be made within the meaning of section 26 of the act.
Judgment:

(1) The proceedings for the grant of interim maintenance are proceedings under the Hindu Marriage Act (the Act). Under Section 26 of the Act the Court is empowered to pass interim orders for the maintenance and education of the minor children in any proceedings arising under the Act. Thus when the wife approaches the Court for maintenance for herself and her child it has to consider the facts of the case and determine under Section 24 read with Section 29 of the Act, the amount of maintenance if any payable to the wife and the child born out of the wedlock. The learned judge was thereforee of the view that in any proceeding u/s 24 of the Act provision for the maintenance and education of children can be made within the meaning of Section 26 of the Act.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //