The Apex Court had also not only granted
maintenance but enhanced the maintenance of the minor child in case Anu
Kaul vs. Rajeev Kaul 2009 (2) Apex Court Judgments 423 (SC).
unable to bear the litigation expenses and as such the said provision is not
attracted to the case of the petitioner. However, to maintain the child is not
the sole liability of the petitioner, therefore, the respondent is also bound to
maintain the child with regard to his daily needs i.e. education, health,
clothes etc. Thus, in the present circumstances of the case, though the
respondent is not bound to maintain his wife but he is to maintain his minor
child as per the status of the family who is in the custody of the petitioner.
The law cited by the trial court in the impugned order, delivered in case
Ram Lal vs. Surinder Kaur 1995 (1) P.L.R. 527 is not applicable to the
facts of the present case. It is also not disputed that the petitioner also
needs some litigation expenses.