SMT. NEELAM Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision petition is directed against the order of the District Judge, Hoshiarpur, dated March 8, 1989, whereby the application filed on behalf of the wife under section 24 of the Hindu Marriage Act, (hereinafter called the Act), for maintenance pendente lite for herself and her minor child was declined.

(2.) It is not disputed that a minor child aged about 4 years is living with the mother and is being maintained and educated by her. That being so, it could not be denied that the respondent being the father of the said minor child was liable to pay maintenance for the minor child in an application under section 24 of the Act read with section 26 thereof. The view taken by the learned District Judge in this behalf is wholly wrong and unwarranged. Even if it be assumed that the wife is also an earning hand, she may not be entitled to maintenance for herself, but as regards the minor child, the father must contribute his share.

(3.) Consequently, this petition succeeds and is allowed. The impugned order is modified to the extent that the respondent-husband will pay a sum of Rs. 300.00 per month as maintenance pendente lite for the minor child to his wife from the date of the application. The parties have been directed to appear in the Court of the District Judge, Hoshiarpur, on July 26, 1989 as further proceedings were stayed by this Court at the time of the motion hearing. The respondent husband was present in Court and his counsel stated at the bar that amount due will be paid to the wife at the rate of Rs. 300.00 per month. Petition allowed.