AKELLA RAMA MURTHY Vs. AKELLA SITALAXMI

JUDGEMENT

(1.) The petitioner is the husband of the respondent. The relations between them are strained. The respondent filed O.P. No.91 of 1999, in the Family Court Secunderabad, and obtained adecree for judicial separation. Thereafter, the petitioner filed O.P. No.534 of 2002, in the Family Court, Visakhapatnam, for divorce, against the respondent. On a Transfer C.M.P. filed by the respondent, the O.P. was transferred to the Family Court, Hyderabad, and renumbered as O.P. No.369 of 2004.

(2.) After the O.P. was transferred, the respondent filed I.A. No.1154 of 2004, under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act'), olaiming maintenance, at the rate of Rs.6,000/- per month, for her girl child. Through its order dated 28-1 -2005, the Family Court awarded a sum of Rs.2,000/- per month, as maintenance, for the child. The same is challenged in this C.R.P.

(3.) Sri A.V. Sesha Sai, learned counsel for the petitioner, submits that Section 24 of the Act provides for grant of maintenance, in favour of the wife or husband, as the case may be, in the proceedings initiated under the Act, and it is impermissible for a court to grant any maintenance to third parties, including the children of the spouses. He contends that the order is absolutely without jurisdiction.