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1996 Supreme(P&H) 1322

SWATANTER KUMAR
R. K. Sood – Appellant
Versus
Usha Rani Sood – Respondent


Judgment

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 aga

























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