SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(P&H) 546

K.KANNAN
Jitender – Appellant
Versus
Sunita – Respondent


Advocates appeared:
Mr. N.C. Kinra, Advocate, for the appellant.
Mr. Parmod Chauhan, Advocate, for Mr. Rakesh Nehra, Advocate, for the respondent.

JUDGMENT

K. Kannan, J. (Oral) - The appeal is against the order in the application filed by the father in a matrimonial proceeding initiated by the wife for divorce. It is rather strange that the father, who had the custody of the child, moved an application seeking for direction as regards interim order and wanted that the child must be taken care of by the mother. The mother contested in the petition by saying that she has no resources and she, therefore, cannot take care of the child. It is stated by the counsel for the husband that the interim maintenance has been awarded in favour of the wife at Rs.2,000/-per month and that his client is also paying the same. The counsel states that the application could not have been dismissed without a full-fledged enquiry regarding the issue relating to the welfare of the child. He states that since he has to take the burden of bringing up the child, he has not been able to attend his office and, therefore, he has been removed from service.

2. Proceedings for interim maintenance or interim custody under Section 24 or 26 are summary in character and there is no need for a full-fledged trial as the counsel would plead for. It could be differe



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top