- (1.) Mr. V. Singh, learned counsel for the petitioner in this writ petition, has raised a very interesting question of law. According to him, Section 24 of Hindu Marriage Act does not postulate grant of maintenance to any person other than the wife of the husband. According to him the very scheme of the Section indicates that the maintenance is available either to the wife or to the husband, as the case may be, according to the provisions contained therein. This cannot be stretched to grant maintenance in a proceeding under Section 24 of the Hindu Marriage Act to the children.
(2.) Secondly, he contended that the provision of Section 24 cannot be referred to for the purposes of obtaining maintenance for the mother-in-law of the respondent wife on an application under Section 24 of the Hindu Marriage Act. According to him by no stretch of imagination, mother of the husband could be brought under the purview of Section 24 of the said Act filed by the wife for the purposes of grant of maintenance.
(3.) For the purpose of deciding the issue, it is necessary to mention the following facts giving rise to the present writ petition. The petitioner-husband filed O.S. No. 60 of 1995 under Section 13 of the Hindu Marriage Act against the opposite party No. 3, wife, for divorce before the Additional Civil Judge (Senior Division) II, Bijnor. In connection with the said proceedings, the wife had filed an application under Sections 24 and 25 of the Hindu Marriage Act claiming maintenance for herself and two minor children aged about 31/2 years and 6 years and ailing mother of the husband on the ground that she is looking after the mother of the husband and spending around Rs. 1200.00 per month on account of her treatment. This application was allowed by an order dated 25/01/1997 in Misc. Case No. 44 of 1996.;