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2005 Supreme(Raj) 1223

S.K.KESHOTE, AJAY RASTOGI
A. Jairam S/o Shri A. V. Jagannathan – Appellant
Versus
A. Suman – Respondent


Advocates Appeared:
Shri Ravi Shankar Sharma, for the Appellant-Husband.
Shri Akhil Simlote, for the Respondent-Wife.

Judgment

S.K. Keshote, J.-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 15.05.1999, 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 has share as the respondent wife, it is not in dispute, is also in employment.

2. Twofold 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 name 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 husb











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