GULAB CHAND Vs. SAMPATI DEVI

JUDGEMENT

(1.) Are the minor children of the parties entitled to maintenance under the provisions of the Hindu Marriage Act ?, is the question which requires determination in this revision petition.

(2.) I have heard the learned counsel for the parties and have perused the record.

(3.) Relying upon two judgements of this court reported in 1980 J and K LR 176. and 1983 0 KashLJ 49, the learned counsel appearing for the petitioner has submitted that the order impugned passed by the trial court in so far as it grants maintenance to the children is liable to be set aside. It is argued that the children if aggrieved can have recourse to other remedies for the grant of maintenance, such as, initiating proceedings under S.488, Cr. P.C. or filing suit under the Hindu Adoptions and Maintenance Act, but cannot be granted maintenance under the Hindu Marriage Act which governs the rights and obligations mainly of the parties to the marriage and not for their children.