KATAMANCHI APPA RAO Vs. KATAMANCHI PARADESAMMA
HIGH COURT OF ANDHRA PRADESH
KATAMANCHI APPA RAO
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Obul Reddi, J. -
(1.) Mr.M.Jagannadha Rao
learned Counsel appearing for the appellant relying upon Akasam China Babu v.
Akasam Parbati and another, contended
that the lower Court went wrong in granting interim maintenance not only to the
respondent but also to her son contrary
to what is laid down in section 24 of the
Hindu Marriage Act.
(2.) It is also contended by him that the
interim maintenance of Rs. 45 awarded
to the respondent and her son, as also
the legal expenses of Rs.100 go far beyond
'reasonable maintenance' to be awarded
on the facts of the case.
(3.) So far as the first point is concerned,
it has to be noticed that while granting
maintenance pendente lite to the wife or
to the husband, as the case may be,
regard should also be had to section 26.
While section 24 of the Act provides for
granting maintenance to the wife or the
husband, as the case may be, section 26
speaks of passing interim orders and also
making provision in the decree by the
Court with regard to custody, maintenance and education of the minor children
consistently with their wishes. When the
wife makes an application under section
24 of the Act to the Court for the grant
of interim maintenance to the children
also, the Court can grant the relief to the
children also under section 26 wherever
it considers just and proper.;
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