A minor child has the right to claim maintenance under the provisions of Section 26 of the Hindu Marriage Act, and the mother can claim maintenance on behalf of the minor child along with her under the provisions of Section 24 of the Act.

Swatanter Kumar, J.

1. Petitioner Dr. R.K. Sood has as sailed the order of the learned District Judge, Chandigarh dated 3.11.1995 in this revision petition on various grounds.

2. But the main and in fact the only argument advanced on behalf of the petitioner is that an application for grant of interim maintenance to a minor child is not maintainable under the provisions of Hindu Marriage Act. Further more it is argued in any case an application for maintenance only on behalf of a minor child cannot be maintained by the mother in whose custody the child is under Section 24 of the Hindu Marriage Act, hereinafter referred to as the Act.

3. This legal controversy has arisen out of the admitted facts that Mrs. Usha Rani Sood was married to the petitioner Dr. Sood in accordance with Hindu rites and their marriage was solemnised at Morinda on 2.3.1986. From this marriage a female child was born on 1.12.1988 and the said child was named as Sheiry Sood and presently 6 1/2 years old. She is staying with the mother and studying in a school at Ropar. A petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce was filed by Usha Rani against the husband on the grounds of cruelty and desertion and the said petition is stated to be pending in the Court of competent jurisdiction.

4. Reconciliation efforts by the Courts even failed at all stages.

5. Besides the allegations of cruelty and desertion in the application filed for grant of maintenance and education expenses of the minor it was specifically averred in the application that the child is studying in Bright Public School, S.A.S. Nagar, Mohali. The mother was spending Rs. 340/- per month as tuition fee and further expenses for her clothing, eatables, transport, books etc. The husband is stated to be a senior doctor serving in Punjab Government Health Services Department and is alleged to have an income of more than Rs. 10,000/-. On these facts a claim of maintenance of Rs. 2500/- per month was preferred by the wife and she claimed no litigation expenses.

6. In the reply the facts were disputed and it was stated that the net salary which the husband receives is Rs. 9300/- per month and it was also averred that the wife was earning a sum of Rs. 5000/- and she was serving in the Financial Commissioners Office, Punjab. Consequently the husband had prayed for dismissal of the application.

7. The husband in the present petition has raised an objection with regard to the maintainability of such an application on the ground that minor alone cannot be granted maintenance under the provisions of Hindu Marriage Act. This objection was not taken by the petitioner when he filed reply to the application for maintenance filed by the wife before the trial Court. In view of this fact that an objection to the maintainability of an application was not even raised before the trial Court the petitioner would be deemed to have waived even if such objection is taken to be sustainable in law. However, I would still proceed to discuss merits of this objection raised in this revision for the first time on behalf of the respondent.

8. In order to appreciate this contention it would be necessary to reproduce the relevant portion of the application filed by the wife before the trial Court :-

"Application for the grant of maintenance & education expenses etc. in respect of Sheiry Sood minor d/o Dr. R.K. Sood, respondent."

"5. That keeping in view the status and income of the family and earnings of the respondent, the applicant is entitled to Rs. 2500/- per month (Rupees Two Thousand Five Hundred) for school expenses and upkeep of their female child namely Sheiry Sood up to the standard and status of the family. The respondent is not paying anything for the maintenance of the said child. In the circumstances it is respectfully prayed that the Honble Court be pleased to grant maintenance of Rs. 2500/- P.M. (Rupees Two Thousand Five Hundred only) per month for an