Section 24 or 26 of hma ???

Pun,

There is a provision for interim maintenance for children u/s 26 of the said HM Act, that is why there is no mention of such maintenance in section 24.  However, where there is no possibility of injustice to other party, order made for the benefit of children living with applicant has been held valid by many high courts provided no separate application is moved under section 26.  Section 26 deals with only interim maintenance of children during the proceedings between their parents under the Act.  Other provisions under which children can claim their maintenance are section 125 of the Cr.P. C and Section 20 of the Hindu Adoptions and Maintenance Act, 1954.  The amount of maintenance of children depends on economic condition of parents, their status and needs of the child.  When both father as well as mother are in service or earning member both are obliged to pay maintenance to their child in proportion of their salaries.  Thus the wife avoided an application u/s 26 of the Act because she is employed hence have to give he share towards maintenance to the child, this is not so in section 24.  Howeve the passed u/s 24 is to be construed an order under the same section and not u/s 26.