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2019 DIGILAW 391 (RAJ)

Parvinder Kumar Challana v. Leela Kumari Alias Neelam

2019-02-04

PRADEEP NANDRAJOG, PUSHPENDRA SINGH BHATI

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JUDGMENT : PUSHPENDRA SINGH BHATI, J. Limited notice was issued in the appeal vide order dated 11.05.2017, which reads as under:— “This appeal is preferred to question correctness of the order dated 10.04.2017, passed by learned Judge Family Court, Sriganganagar, awarding interim maintenance as well as litigation expenses to the respondent from the date the application under Section 24 of the Hindu Marriage Act, 1955 was filed. It is submitted by learned counsel appearing on behalf of the appellant that the respondent herself is having adequate source of income but that has not been taken into consideration by the Family Court while awarding maintenance that too from the date of filing the application. Having considered all facts of the case, we do not find any wrong with the order to the extent that allows monthly maintenance, as Family Court has taken into consideration the requirements, status and need of the respondent, however, the issue with regard to grant of maintenance from the date of filing the application deserves consideration. Let notice of the appeal as well as stay application be issued only to the extent aforesaid. The effect and operation of the order impugned dated 10.04.2017 is stayed provided appellant pay the maintenance month by month and also pay the litigation expenses within a period of one week from today.” 2. Suffice it to state law is clear that maintenance u/Sec. 24 of the Hindu Marriage Act has to be awarded from the date when the application is filed. 3. In view of the limited notice issued in the appeal which restricts the consideration of the date where from maintenance has to be awarded, we find no infirmity in the impugned order. 4. The appeal is dismissed.