RITU RAJ KANT Vs. ANITA

JUDGEMENT

(1.) WITH the consent of the counsel for parties this petition is heard finally and being disposed of by following order.

(2.) THE petitioner challenged an order of the learned A. D. J. whereby he fixed maintenance of Rs. 1500/- p. m. for the respondent and her son under section 24 of the Hindu Marriage Act.

(3.) IT is undisputed fact son Jitender was not from this wedlock and he was not son of the petitioner. He was son of the respondent from her earlier husband. Right to claim maintenance for Jitender would be to against his father i. e. , earlier husband of the respondent and not against the petitioner however, the Court below had not considered this aspect at all and order is liable to be set aside on this ground.