KANDULA SUBRAMANIAM Vs. KRISHNAKOLI DATTA

JUDGEMENT

(1.) The appellant/husband is aggrieved by the order dated August 26, 2013 whereby he has been directed to pay 23,000/ - per month towards maintenance of the child of the parties and also 1,08,000/ - as 1/3rd share in the admission charges of 3,24,000/ - of their child in regular school.

(2.) It is admitted case of the parties that they got married on April 22, 1999. They were blessed with a son on March 07, 2008. The parties are living separately since February, 2010. The appellant/husband and respondent/wife jointly owned two flats, one in Ridgewood Estate, DLF Phase IV, Gurgaon Haryana) where appellant/husband is residing and one in Iris Row, Vatika City Sohna Road, Gurgaon (Haryana) where respondent/wife along with their son is residing. The appellant/husband filed HMA Petition No.471/2014 seeking dissolution of marriage. The respondent/wife filed an application under Section 24 of the Hindu Marriage Act, 1955 to seek maintenance of their only son who was aged about 6 years at the time of passing the impugned order. In the application, the respondent/wife prayed for direction to the appellant/husband to pay a sum of 1,62,000/ - as his half share for getting the child admitted in a good school and thereafter to pay 35,000/ - per month for his maintenance as well 1,00,000/ - towards litigation expenses.

(3.) We may simply note here that for purpose of seeking maintenance of the minor child, the provision applicable is under Section 26 of Hindu Marriage Act, 1955 and not under Section 24 of the Act as mentioned by the parties and learned Principal Judge, Family Court.