PATNA, India, March 4 -- Patna High Court issued the following judgment on Jan. 2:

1. The instant application has been filed against order dated 28.02.2019 by which the learned Principal Judge, Family Court, Patna has passed the order of interim maintenance u/s 24 of Hindu Marriage Act. The learned Principal Family Court, Patna vide order 28.02.2019 has allowed the maintenance of Rs. 30,000/- (thirty thousand rupees) per month to the baby girl of the petitioner and Rs. 2,00,000/- (two lakh rupees) as a litigation cost to the wife of the petitioner.

2. Heard learned counsel for both parties.

3. Learned counsel for the petitioner submits that Matrimonial Case No. 373 of 2016 was instituted by the petitioner/applicant seeking a decree of divorce, in which the respondent/wife appeared and filed an application under Section 24 of the Hindu Marriage Act. By the impugned order, the learned Principal Judge, Family Court, Patna, granted her litigation costs of Rs. 2,00,000/- (two lakh rupees) and a further sum of Rs. 30,000/- (thirty thousand rupees) per month as interim maintenance towards the educational expenses of their sole daughter, with effect from the date of the said order. Learned counsel for the petitioner has placed reliance on the judgment of the High Court of Kerala at Ernakulam in Mat. Appeal No. 759 of 2018 (P.V.G. Menon vs. Anjana Menon).

4. Learned counsel for the petitioner contends that the impugned order is not sustainable in view of Section 24 of the Hindu Marriage Act, as the respondent/wife was employed and earning Rs. 15,00,000/- (fifteen lakh rupees) per annum at the time of passing of the order. This fact was admitted by her in her evidence dated 20.12.2019 (para 27).

5. The petitioner has further challenged the impugned order on the ground that Section 24 of the Hindu Marriage Act does not empower the Court to award interim expenses for the child. Such an order, if at all, could only have been passed under Section 26 of the Act. Section 26 of the Hindu Marriage Act reads as follows:

"26. Custody of Children - In any proceeding under this Act, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may alter the decree, upon application by petition for the purpose, and may from time to time revoke, suspend or vary any such orders and provisions previously made."

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NDQjMTE3OSMyMDE5IzEjTg==-W0Peo0ECdw4=)

Disclaimer: Curated by HT Syndication.