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Judgment
A.P. Sen, J.—Heard on question of admission, In the present case the learned District Judge has fixed Rs. 60/- as interim maintenance payable by the appellant who is the husband, to the respondent his wife u/s 24 of the Hindu Marriage Act, 1955. The order is assailed on the ground that the learned District judge had no jurisdiction to award any maintenance to the children u/s 24 of the Act. In support of the contention, reliance is placed on Bankim Chandra Roy Vs. Smt. Anjali Roy,
There can be no doubt that u/s 24 of the Act, the Court cannot award any maintenance to the children as laid down in Bankimchandra Roy Roy Smt. Anjali Roy (supra). The section is clear and explicit and admits of no other construction.
The learned District Judge has not awarded any interim maintenance to the children but what be has done is only to fix the amount of interim maintenance payable to the wife keeping in view that she has to maintain the children as she has the custody of them. I do not see any reason to interfere with that order.
The appeal is, therefore, dismissed summarily.