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Akasam Chinna Babu vs Akasam Parbati And Anr. on 10 January, 1967

5. Mr. N. K. Mishra, learned counsel for the opposite party, however, contends that pendente lite maintenance can be awarded On an application under Section 24 of the Act. He has further that the provisions contained in Section 26 of the Act must not he lost sight of while considering the question of grant of pendente lite maintenance to the child on an application made by the wife or the husband under Section 24. His contention is that the application filed by the wife though labelled as one under Section 24, having regard to the averments, should be treated and construed as one under Sections 24 and 26 of the Act. Mr. Misra further urged that the provisions contained in Section 26 were not brought to the notice of the Bench of this Court which decided Akasam's case (supra) and so, the said decision is not binding. Section 26 of the Act reads as follows:--
Orissa High Court Cites 11 - Cited by 30 - Full Document

D. Thimmappa vs R. Nagaveni on 25 June, 1976

12. As I have observed that the provisions contained in Section 26 were not brought to the notice of the Division Bench, the said authority is not binding oh me. It is worthwhile to note that the decision in Akasam's case (AIR 1967 Orissa 163) has not been followed in Katamanchi's case and Thimmappa's case (AIR 1976 Kant 215) on the ground that the provisions contained in Section 26 were not brought to the notice of the Court.
Karnataka High Court Cites 5 - Cited by 11 - Full Document
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