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Maintenance is given from the date of application, not from the date of order: Allahabad High Court
Allahabad High Court, referring to the Supreme Court’s decision in Rajnesh v. Neha & Another, (2021) 2 SCC 324, has held that maintenance is to be awarded from the date of application and not from the date of order.
The Division Bench of Justice Samit Gopal in a judgment held that the order of the Revision Court to provide maintenance to a woman and her minor children from the date of the order is illegal. In fact, the court was hearing a revision petition filed in the year 2005, seeking modification of the judgment and order dated April 1, 2005 passed by the Additional Sessions Judge, Aligarh.
️ The revision court modified the order dated 31.8.2002 to such an extent that from the date of the order, the revisionist was directed to pay 1000/- per month and 400/- per month to his children. In view of this, the Court observed that it was illegal to pay Rs.1000/- per month to the revisionist and Rs.400/- per month to his minor children from the date of order by the Revision Court.
In this regard, the Court initially referred to the decision of the Supreme Court in Rajnesh v. Neha et al., which held that maintenance should be given from the date of application.
Other than this,
In view of the law laid down by the Supreme Court in Rajnesh’s case, the present criminal revision was partly allowed and the judgment and order passed by the Additional Sessions Judge, Aligarh was set aside to the extent that he ordered A direction was issued for payment of maintenance from the date of
In the case the opposing side no. 2 Yogesh Gautam was directed to pay an amount of Rs.1000/- per month to the revisionist/wife and Rs.400/- to his minor children from the date of application.
The Court directed that the payment shall be made within a period of six months and the arrears shall be paid within six months in three equal installments, with the first installment within a period of one month and the remaining two instalments equally within the remaining time. within the divided period.
In related news, the Jharkhand High Court recently held that maintenance claims are made from the date of filing of application and not from the date of judgment.
Justice Anubha Rawat Choudhary referred to the judgment of the Supreme Court in Rajnesh v Neha et al. and modified the impugned order directing payment of monthly allowance from the date of application.
Case Title – Smt. Rekha Gautam Vs. State of Uttar Pradesh and others
Case Quote: 2022 Live Law (AB) 125
