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2009 DIGILAW 2036 (SC)

Praduman Yadav @ Praduman v. State of Bihar

2009-12-04

MUKUNDAKAM SHARMA, V.S.SIRPURKAR

body2009
ORDER : Leave granted. 2. The question involved in this appeal is settled by this Court's decision in Shail Kumari Devi v. Krishan Bhagwan Pathak, (2008)9 SCC 632 wherein it was held as under: - "The last question relates to quantum of amount of maintenance. The Family Court granted maintenance to the appellants-wife as well as daughter at the rate of Rs.2,000/- and Rs.1,000/- respectively from the date of application i.e. 21.7.1997. We have reproduce the relevant part of Section 12(5 as originally enacted and as amended by the Amendment Act, 2001. Before the amendment of 2001, the ceiling was Rs.500/-. In our opinion, therefore, the Family Court could not have granted maintenance exceeding Rs.500/- p.m. either to appellant-1 or appellant-2 from the date of application i.e. 21.7.1997. At the most, such an order could have been made effective from the date the Amendment Act, 2001 came into force. To that extent, therefore, the order passed by the Family Court was not in accordance with law." 3. Therefore, the only question that remains to be decided in this case is what happens to the maintenance prior to 24.9.2001. The courts below have granted the maintenance from the date of the application itself. 4. While considering the matter, this Court on 7.1.2009 passed an order to the following effect: - "Issue notice. In the meantime, that part of the order of the learned Judicial Magistrate, Munger passed on 22nd May, 2003 whereby and where-under the amount of maintenance has been directed to be paid in excess of Rs.500/- per month with retrospective effect, i.e. from 13.3.1992 to 24.9.2001 shall remain stayed." 5. In view of the decision cited above, the respondent No. 2-wife shall be entitled to the maintenance not in excess of Rs.500/- p.m. from 13.3.1992 which is the date of the application to 24.9.2001. Thereafter, the maintenance shall be calculated as per the order dated 22.5.2003 passed by the Court of learned Judicial Magistrate-1st Class, Munger. 6. With these observations, this appeal stands disposed of.