Report No. 98

3.5. Another question-Application under section 26 if necessary for permanent maintenance of children.-

The above case law relates to orders for interim maintenance of children under the Hindu Marriage Act. A somewhat similar question, which also seems to have led to some judicial controversy, has arisen in connection with orders for permanent maintenance of children. The precise question is as follows:-

Can maintenance be granted to a child (section 26, Hindu Marriage Act) on an application by the wife under section 25, Hindu Marriage Act, even though no specific mention of section 26 is made in the application of the wife?

According to the Madras High Court1, this can be done. According to the Bombay2 and Gujarat3 High Courts, this cannot be done.

1. Munuszvamy Rajoo v. Hansa Rani, AIR 1975 Mad 15.

2. Dalli Ram Jain v. Taravati, AIR 1982 Born 15.

3. Dharamshi Premji v. Bar Sakar Kanji; AIR 1968 Guj 150.