Legal Question in Family Law in India

A spouse, wife ,respondent in the cse for divorce can claim for interim maintenance under S.24 of the Hindu Marriage Act, 1955. However, if maintenance is climed for the minor children under the same provision, courts tend to invoke S.26, grant the relief for the minors also. If the wife claim maintenance only for her minor children under section 24, without any claim for herself, is it maintenable? should it not be proper and correct to prefer claim under S.26, for relief for the minor children? That too after securing custody from competent court under the above section as father's right takes precedence over the mother under S.6 of the Hindu Adoption and Maintenance Act, 1956

Asked on 8/27/09, 1:00 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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it is the duty of the court to take judicial notice of the law and even if the application is filed u/s 24, the orders can be passed u/s 26. due to mere technincalities and wrong mentioning of law or section would not disentitle a wife to claim maintenance on behalf of minor even if she has not obtained the custody of children through court.

Answered on 8/27/09, 1:35 am

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