GULSHAN KUMAR Vs. MANJIT KAUR AND ANR.

JUDGEMENT

(1.) GULSHAN Kumar has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to assail order dated 08.10.2010 Annexure P -3 passed by learned Additional District Judge, Jalandhar.

(2.) PETITIONER has filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 ( in short, the Act ) against his wife Manjit Kaur -Respondent No. 1. During pendency of the said divorce petition, Respondents herein i.e. Manjit Kaur and Arshpreet (minor son of Petitioner and Respondent No. 1) filed application under Section 24 of the Act claiming maintenance pendent lite and litigation expenses. Learned Additional District Judge, Jalandhar vide Civil Revision No. 4251 of 2011 (O & M) -2 impugned order Annexure P -3 has granted maintenance pendent lite at the rate of Rs. 1500/ -per month to Respondent No. 2 only from the date of application, in addition to the litigation expenses of Rs. 5000/ -. Feeling aggrieved, Petitioner has filed the instant civil revision petition.

(3.) LEARNED Counsel for the Petitioner vehemently and repeatedly contended with great emphasis that no interim maintenance can be granted to the minor son of the parties and at best, provision for the same can be made in final decree under Section 26 of the Act. The contention is completely frivolous and merit less. It is surprising that learned Counsel persisted with the contention even after going through Section 26 of the Act. The said provision clearly stipulates that the Court can also pass interim orders regarding maintenance of the minor child. Consequently, the contention that no interim maintenance can be granted to minor child (Respondent No. 2) under the Act cannot be accepted.