1. Yes it can be granted. Amendment not required though LCI took up on its own as different opinion prevailes.
2. It emanates from 'any' proceedings under The Act. Further the popularity of Family Courts made under FCA, 1984 postulates that a Family Court can make any "Rules' to do complete justice to parties lis before her so that could burst the arguments you have put before us if for instance a Mr. / Ms. Justc. found of reasoning and speaking Order announces so in an Open Court.
3. S. 26 HMA so far it relates to interim maintenance (apart from its language for other relief’s) may be invoked even without any application in writing and a formal application in writing is necessary under S. 26 HMA only for awarding maintenance and other relief’s "after a decree".
4. For doing complete justice to the challenge before us, the technicalities herein have to be deprecated because the substance that counts and must take precedence over the form in reference to context.
Reasoning:
If for subsistence the wife had applied for the maintenance of the child also and the materials on record also justify such grant, then the application is being labeled as one under S. 24 HMA is only a matter for form and the form can very well be treated for the purpose of S. 26 HMA also even if an application was necessary for pendente lite maintenance of the minor under S. 26 of the Act
The Society is in evolution and has been changing. Old concepts and thoughts are being replaced by new concepts and thoughts. The concept if interpreted of S. 24 HMA then it is only for either spouse and not for minor and if the mother seeks maintenance without a formal application under S. 26 and the father could be allowed to embroil her efforts in mere technicalities then how it would be conceived to be a taboo if such interpretation is dispensed with?
The attitude and outlook of a fast changing developing society has to keep abreast with the developed situation if it is good for the reorganized family. The theme of HMA is centered around 'family' and not respective spouse and children do make up a 'family' for just interpretations.
Law is for the society. Society is not for law. Therefore, the law has to keep itself abreast with the changes through evolutions and be alive to suit the needs to maintain a healthy and peaceful society vis-à-vis the family.
Therefore, orders in this respect if passed then it do take care to the facts and circumstances of each case in toto and should not be struck in technicalities since few HC’s have their own views.
