KALPANA DAS Vs. SARAT KUMAR

JUDGEMENT

(1.) HEARD argument and judgment is as follows.

(2.) PETITIONERS are the applicants in Misc. Case No. 104 of 2006 under Section 24 of the Hindu Marriage Act, 1955 (in short 'the act' ). That application was filed in C. P. No. 310 of 2006. Petitioner No. 1 filed that C. P. for restitution of conjugal rights. Together with petition under Section 9 of the Act she filed the application under Section 24 of the act. The respondent-opposite party entered appearance in that proceeding on 8-12-2006 filed his written statement and also contested the application under Section 24 of the Act.

(3.) ON consideration of submission of both the parties, learned Judge, Family Court, cuttack awarded interim maintenance @ Rs. 800/- per month to the petitioner No. 1 and @ Rs. 400/- per month to the petitioner No. 2 on the ground that the relationship between the parties are admitted and the husband has a net salary of Rs. 7655/ -. Learned counsel for the opposite party-husband states that Family Court, Cuttack did not consider the objection of the opposite party on the issue that the child is not entitled to maintenance under Section 24 of the Act in view of the decision of this Court in the case of Purusottam Das Agarwal v. Smt. Puspa devi, AIR 1982 Orissa 270 wherein it has been held that order of maintenance to a child is not within the purview of Section 24 of the Act and accordingly the order for such maintenance was refused.