PRAVEEN MENON Vs. AJITHA K PILLAI

JUDGEMENT

(1.) Petitioner challenges the order passed in I.A. No. 1337 of 1998 in M. O. P. No. 153 of 1997 on the file of the Sub Court, Palakkad. In the impugned order, the court has granted maintenance to the wife and child at Rs. 500/- and Rs. 350/- respectively, and Rs. 1000/- towards litigation expenses. By an interim order, this Court imposed a condition to deposit an amount of Rs. 3,000/-. By another order dated 12.3.1999, the respondents were allowed to withdraw the amount so deposited.

(2.) Learned counsel for the petitioner submitted that even though under S.24 of the Hindu Marriage Act, a wife is entitled to claim maintenance against the husband, that section does not provide maintenance for any other person. Hence, an order of maintenance cannot be made except for the either of the spouses before the court. Any how, counsel for the petitioner submitted that under the Hindu Adoptions and Maintenance Act, it is the duty of the father to maintain the minor child and in that view of the matter, the father may be liable to maintain the minor child. Counsel for the petitioner in fairness brought to our notice the decision of the Supreme Court in Jasbir Kaur Sehgal v. District Judge, Dehradun, 1997 (7) SCC 7 . The Honourable Supreme Court at Para.6 of the judgment has stated thus: