A JAIRAM Vs. A SUMAN

JUDGEMENT

(1.) THIS appeal under Section 19 of the Family Courts Act, 1984 (for short 'the Act, 1984') is directed by the appellant husband against the order, dated 15.5.1999, of the learned Family Court, Ajmer, in Case No. 125/98. Under the impugned order the learned Family Court, Ajmer directed the appellant husband to pay Rs. 2,000/ - per month as interim maintenance for minor children, namely, Gagan and Sameer, for their maintenance, education, etc. This amount of interim maintenance has been ordered to be paid by the appellant husband of his share as the respondent wife, it is not in dispute, is also in employment.

(2.) TWO -fold contentions have been raised by the learned Counsel for the appellant husband challenging the impugned order of the learned Family Court, Ajmer. First contention is that the learned Family Court, Ajmer has committed a serious error of jurisdiction to order against the appellant husband to pay the maintenance for his minor children named above, under Section 24 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955'). Section 24 of the Act, 1955, the learned Counsel for the appellant husband submitted, nowhere empowers the Court to direct the husband to pay the maintenance of the minor children. The second contention raised that the respondent wife is in Government service, Professor (Obest. and Gyn.) in the J.L.N. Medical College, Ajmer and drawing more than Rs. 25,000/ - per month as salary, thus the learned Family Court, Ajmer has committed an error to fasten the liability of maintenance upon the appellant husband, of the minor children.

(3.) WE have given our anxious and thoughtful consideration to the rival contentions made by the learned Counsel for the parties.