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4. The said order dated 25th January. 1997 was challenged by means of appeal being Misc, Appeal No. 26 of 1997. By an order dated 30th May, 1997 the Additional District Judge. VIIIth Court. Bijnor, had dismissed the said appeal and the order of learned Additional Civil Judge, Senior Division II passed on 25th January, 1997 was affirmed. These two orders are being challenged in this writ petition.

5. A reading of the order passed by the learned Civil Judge. Senior Division shows that the maintenance of sum of Rs. 3,000 was granted along with cost of litigation of Rs. 1,500 for the maintenance of the wife, two children and her mother-in-law. The appellate court had affirmed the said order which included the maintenance of mother of the husband.

14. A plain reading of the Section shows that it contemplates maintenance either to the wife or to the husband. It does not include maintenance either for the children or the mother of the husband. Whether the children would be entitled or not would be examined later on. At the moment, it is clear from Section 24 that the provisions thereof apply for the purpose of securing maintenance to the wife or the husband. The maintenance under the Hindu Marriage Act is available to the parties to the proceedings with regard to the lis involved. The lis is confined to the extent of marriage between the wife and the husband. There cannot be any lis for the mother in respect of the proceedings between the husband and wife Involving their marriage. The mother is in no way connected with the lis relating to the marriage between the husband and the wife and, therefore, the provisions of Section 24 can never be stretched to include the maintenance of the mother in a proceedings under Section 24 of the Hindu Marriage Act.

15. Admittedly Section 125 of the Code of Criminal Procedure is available to the parents against a neglecting child. Thus a mother can enforce her right of maintenance through Section 125, Cr. P.C. She is also entitled for maintenance through Section 20 of the Hindu Adoptions and Maintenance Act, which also provides a right to the parent to recover maintenance from neglecting children. Both Sections 125. Cr. P.C. and Section 20 Hindu Adoptions and Maintenance Act are regarding maintenance of parents by neglecting children. There is an alternative remedy available, the Hindu Marriage Act being non-applicable in respect of securing such maintenance by parent, the maintenance of the mother-in-law (mother of the husband) cannot be brought under the purview of the Section 24 of the said Act.

19. As rightly contended by Mr. Rai. the children are part of the existence of the mother, it is not only socially and culturally true but also medically and physically true. Inasmuch as the children really live in the womb of the mother for 9 months and the existence of the children is developed out of the own existence of the mother. So long the child is not bom, it is part of the mother even physically. Even after the birth, the child cannot sustain without the mother. Thus, the baby remains the part of the mother. At the same time, it is preposterous to think that the mother would be feeding herself with the maintenance provided to her keeping the children unfed, starved and uneducated. It is the bounden duty of the mother to bring up the child as best as she could be able to do. It is also a psychological structure of the mental spirit of the mother to look after the wellbeing of the children before her own self. It is no.t unknown and is very common that the mother had sacrificed her own life for the sake of the children. It is preposterous for the mother' to think that if the law does not provide maintenance for the children, therefore, the mother should maintain herself without maintaining the children. Law is meant for the society and society is not meant for law. Law is meant for the wellbelng of the society itself. The Act itself has provided for the wellbeing of the child as provided in Section 26. Therefore. It seems that we can stretch Section 24 to what Mr. Rai wanted to stretch even without the existence of Section 26 of the Act. But then such an interpretation is supported by the very existence of Section 26 which Itself goes to support the view as to why the wife should maintain the child as well. Keeping such a situation in view, the Legislature has provided in Section 26 for the custody, maintenance and education of child.