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Report No. 98

3.2. Conflict of views as to sections 24 and 26.-

There is a conflict of judicial decisions on the point. The following High Courts take the view that even where there is no separate application for the grant of maintenance to children under section 26, the court should, in a proceeding initiated by the wife under section 24, exercise its discretion and award maintenance to the children:-

(i) Andhra Pradesh1;

(ii) Delhi2;

(iii) Karnataka3;

(iv) Kerala4;

(v) Punjab & Haryana5; and

(vi) Rajasthan6.

1. Narendra Kumar v. Suraj Mehta, AIR 1982 AP 100.

2. Damodar v. Bimla, 1974 PLR (Del) 33.

3. D. Thimmappa v. Nagaveni, AIR 1976 Kam 215; Subhashini v. Umakanth, AIR 1981 Karn 115.

4. Radha Kumari v. K.M.K. Nair, 1982 KLT 417 (Sukumaran, J.).

5. Balbir Kaur v. Raghubir, AIR 1974 P&H 225.

6. Baboo Lal v. Prem Lata, AIR 1974 Raj 93.

3.3. The contrary view, denying the court such a power without a formal application under section 26 has been taken by the following High Courts:-

(i) Jammu & Kashmir1;

(ii) Orissa2; and

(iii) Patna3

1. Puran Chand v. Kamla Devi, AIR 1981 J&K 5.

2. Akasam Chinna Babu v. Akasam Parvati, AIR 1967 Ori 163.

3. Bankim Chandra v. Anjali, AIR 1972 Pat 80.



Sections 24 to 26 of the Hindu Marriage Act, 1955 - Orders for Interim Maintenance and Orders for the Maintenance of Children in Matrimonial Proceedings Back




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