Sec 26 HMA:is it mandatory for wife enjoin kid as a party?

Jamai Of Law (Querist) 19 May 2011 This query is : Resolved
Sec 26 HMA in a Divorce suit 13ia:

Case is going on

Is it mandatory for wife enjoin/implead kid as a party in IA vide sec 26 of HMA in a divorce suit .....or rather .......... kid be made as a party alongwith mother as a party and represented by mother...against the father who filed divorce suit?

Was that mandatory ever before?

Even Order of child Maint actually doesn't say anything like 'IA as per Sec 26 or so' ............

Order of child Maint is about to be assailed in civil revision vide art 227 of COI

Its puzzling like googlie as to why suddenly this Q came up? ..........

Is there any clear citation that child maintenance may be obtained 'for the sake of child only' under HMA Sec. 24 ALSO.

(which may not make it mandatory to enjoin kid as a party to such IA)

Puzzling part of the situation is that earning wife asks maint 'for the sake of kid'? (Then it becomes a clear case of HMA 26 and hence kid needed to be enjoined as aparty and represented by mother!!)

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Tajobsindia (Expert) 30 September 2012
This query is left open from last 1 year.

Is the author still interested in a reply from Experts ?

Guest (Expert) 30 September 2012
The author (Jamai of Law) should have been expert in law, himself.

V R SHROFF (Expert) 30 September 2012
Well advised.
now state , what happened in last one year.
as sec 26 is for temp interim relief only.

Tajobsindia (Expert) 30 September 2012
Section 26 -- Custody of minor child - Principles laid down in proceedings under Guardians and Wards Act, 1890 are equally applicable in a case of custody of child u/s 26 of Hindu Marriage Act since in both the situations two things are common - The first, being orders relating to custody of a growing child and paramount consideration is the welfare of the child.

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