Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 18 -- A minor child can claim maintenance from his or her father or mother - It is not the law that how affluent mother may be it is the obligation only of the father to maintain the minor...........
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 18 -- Minor child - Maintenance - It is both duty of husband and wife to maintain minor child - Wife and husband both employed - Salary of husband almost doubt to that of wife - They are bound to contribute for maintenance of their children in that proportion - Maintenance granted..........
Hindu Marriage Act, 1955, Section 24, 26 -- Children - Maintenance pendente lite - In order to claim maintenance for children as contemplated u/s 26, no separate application is required to be made and on the application of the wife moved u/s 24 in the proceedings for dissolution of marriage, interim mandamus may be granted for the children also...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance - Application by wife - Children can be included by Court ...........
Hindu Marriage Act, 1955, Section 26 -- Maintenance for education of children - Provision postulates two stages i.e. one before passing of decree and second subsequent thereto - Provision specifies making of application only for second stage - It can safely be said that no application is necessary for first stage...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance - Quantum - Court has to consider status of parties, their respective needs, capacity of husband to pay etc. - Amount of maintenance to be fixed should be such as wife can live in reasonable comfort considering her status and mode of life to which she was used to when she lived with her husband...........
Hindu Marriage Act, 1955, Section 24, 26 -- Maintenance pendente lite - Awarded at the rate of Rs.1000/- p.m. and Rs.2500/- as litigation expenses - On appeal High Court enhanced maintenance to Rs.1, 500/- p.m. - Wife's appeal - Parties married in 1963 - Husband retired as Lt.Colonel in 1986 - Divorce petition filed in 1989 - Four children - Eldest daughter, 34 years old,..........
Hindu Marriage Act, 1955, Section 26, 13 -- Custody of children - Even if the main petition under S.13 of the Act is disposed of, the jurisdiction of the Court with respect to order custody of minor children is not taken away - Application for the custody of children may be filed even after the decree is passed in the proceedings under the Act...........
Hindu Marriage Act, 1955, Section 26 -- Custody of minor children - Minor girl - Living with mother - There are proved allegations against mother of leading adulterous life - It is not in the welfare of the minor child that she should live in such a vicious atmosphere at this impressionable age in life - Mother's wishes or her right cannot prevail over the welfare of the..........
Hindu Marriage Act, 1955, Section 26 -- Interim maintenance to children - Held, interim orders for maintenance of children can also be passed before passing of the final orders and decree...........
