LT COL RAVEE SAHARAWAT Vs. UJJWAL SAHARAWAT

JUDGEMENT

(1.) This application has been filed under Section 151, C.P.C. for allowing educational expenses for the daughter to the extent of Rs. 92175.00. Plea is that the interim maintenance has been granted at the rate of Rs. 5000.00 per month vide order dated 21/09/1999 by Swatanter Kumar, J. The maintenance pendente lite so granted is not sufficient so as to enable the applicant-respondent to incur expenditure for the purpose of education of her daughter. It is averred that the daughter born out of this wedlock is a brilliant child and is, therefore, required to be sent abroad for her education. The details of the expenses which need to be incurred for such education have been spelt out in para 6 of the application.

(2.) On the other hand, the stand of the appellant is that this application is not maintainable as no application under Section 151, C.P.C. for seeking the grant of educational expenses for the daughter can be filed in the proceedings of divorce pending between the parties. It is also averred that the application for educational expenses may be permissible to be filed under Section 26 of the Hindu Marriage Act, 1955, but the condition precedent is that the child/daughter is a minor. If the child is major, the remedy is available under the Hindu Adoption and Maintenance Act and the specific provision has been provided under Section 20 of the aforesaid Act. The said provision reads as under :- 20. Maintenance of children and aged parents:- (1) Subject to the provision of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or infirm parents. (2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor. (3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends insofar as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property."

(3.) Admittedly, no such application has been filed before the judicial forum as provided under the aforesaid statute.