PADMJA SHARMA versus RATAN LAL SHARMA

Citation: [2000] 2 S.C.R. 621 · Decided: 28-03-2000 · Supreme Court of India · Bench: D.P. WADHWA · Disposal: Case Partly allowed
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Judgment (excerpt)

PADMJA SHARMA 
v. 
RATAN LAL SHARMA 
MARCH 28, 2000 
[D.P.WADHWA AND M.B. SHAH, JJ.] 
Hindu Marriage Act, 1955/Hindu Adoptions and Maintenance Act, 
1956/Code of Criminal Procedure, 1973 : 
S.13/S.20 read with s.3(b) and s.26/s.125-Petition by wife for dissolu-
tion of marriage-Applications under s.125 Cr.P.C. and s.26 of Hindu Adop-
tions and Maintenance Act filed by wife claiming maintenance for children-
Decree of dissolution of marriage passed-Applications u/s.26 filed by wife 
for enhanced maintenance-Held, a minor child can claim maintenance from 
his/her.father or mother-It is obligation of.father and mother both to main-
tain the child-Since both parents are employed and husband's salary being 
twice that of wife, they will bear maintenance in that proportion-Besides, the 
husband will also pay the amount as per the order o.f.family court passed u/ 
s. 125 Cr.P.C. 
The appellant wife, a lecturer in a Government College filed a 
petition under s.13 of the Hindu Marriage Act, 1955, against her hus-
band, a clerk in Reserve Bank of India, for dissolution of marriage and 
also prayed for return of her 'streedhan' amounting to Rs. 1,80,000, 
custody and guardianship of their two minor sons as also for their 
maintenance. Besides, she filed an application under s.125 of the Code of 
Criminal Procedure, 1973 and another application under s.26 of the 
Hindu Marriage Act claiming maintenance at the rate of Rs. 2500 per 
month for both the children. The court granted maintenance under s.125 
Cr.P.C. at the rate of Rs. 250 per month for each child and further sum of 
Rs. 250 per month for each child as interim maintenance under s.26 of 
the Act. Later the wife filed further applications under s.26 of the Act 
claiming higher maintenance for the children and in her last application 
she claimed Rs. 3500 per month for elder son and Rs. 3000 per month for 
younger son. The Family Court granted the decree of divorce and Rs. 
1,00,000 as cost of 'streedhan' articles in case the respondent did not 
return the said articles. The children were given in the custody of the 
mother; and maintenance for each of the child was allowed at the rate of 
621 
A 
B 
c 
D 
E 
F 
G 
H 
622 
SUPREME COURT REPORTS 
[2000) 2 S.C.R. 
A 
Rs. 500 per month. The wife filed an appeal before the High Court 
seeking enhanced amount of maintenance for children and full amount of 
Rs. 1,80,000 as streedhan. The High Court enhanced the maintenance 
from Rs. 500 to Rs. 1,000 for each child from the date of the order of the 
family court and Rs. 500 per month for each child from the date of 
B 
application under s.26 holding that it was an incumbent liability on the 
part of the father to bear cost of education and the maintenance 
expenses for the children. The High Court, however, rejected the prayer 
for enhancement of Streed.ban. Still aggrieved, the wife filed the present 
appeal. 
C 
Allowing the appeal in part, the Court 
D 
E 
F 
G 
H 
HELD : 1.1. In view of s.20 of the Hindu Adoptions and Mainte-
nance Act, 1956, a minor child can claim maintenance from his or her 
father or mother. Under this section it is as much the obligation of the 
father to maintain a minor child as that of the mother. It is not the law 
that how affluent the mother may be it is the obligation only of the father 
to maintain the minor. [627-B-C) 
1.2. Maintenance has not been defined in the Hindu Marriage Act, 
1955; nor has it been provided that between the parents whose duty it is 
to maintain the children. Hindu Marriage Act, 1955, Hindu Minority and 
Guardianship Act, 1956, Hindu Adoptions and Maintenance Act, 1956 
and Hindu Succession Act, 1956 constitute a law in a coded form for the 
Hindus. Unless there is anything repugnant to the context, definition of a 
particular word could be lifted from any of the four Acts constituting the 
law to interpret a certain provision. All these Acts are to be read in 
conjunction with one another and interpreted accordingly. Maintenance, 
as provided in clause (b) of Section 3 of Hindu Adoption and Maintenance 
Act, 1956 includes provisions for food, clothing, residence, education and 
medical attendance and treatment and in the case of an unmarried 
daughter also the reasonable expenses of and incident to her marriage. 
Section 20(2) provides for maintenance of children and aged parents. 
Under this Section a Hindu is bound, during his or her life time, to 
maintain his or her children. [626-F-H; 627-A-B] 
2. In the present case
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