PRAHALAD NARASEMHA JOSHI Vs. VEDAVATHI ALIAS LEELAVATHI

JUDGEMENT

(1.) THE respondent herein who is the wife has filed M. C. No. 11 of 1992 on the file of the Principal Civil Judge, Dharwad, a petition under Section 9 of the Hindu Marriage Act of 1955 for restitution of conjugal rights. The said petition was filed on 25-2-1992. On 8-1-1993 the respondent entered appearance and is contesting the matter. On 1-6-1994 the wife made an application under Section 24 of the Hindu Marriage Act of 1955 for maintenance pendente lite. The said application was opposed by the husband. After considering the rival contentions by the impugned order the Court below awarded a maintenance of Rs. 1,000. 00 per month and directed the husband to pay the maintenance from the date of petition, namely 25-2-1992. The present revision petition is filed challenging the direction to pay maintenance from the date of petition till the date of the husband's appearance.

(2.) SRI H. L. Narasimha Murthy, learned Counsel for the petitioner, contends the wife is entitled to the payment of maintenance from the day she made the application under Section 24 and not for a period prior to the said date. Even assuming that she is held to be entitled, it cannot be for a period beyond the date of appearance of the husband before the court below. In that view of the matter the order passed by the Court below cannot be sustained and therefore he prays for setting aside the said order.

(3.) LEARNED Counsel for the respondent contends the wife is entitled for maintenance from the date of petition as is clear from Section 24 of the Hindu Marriage Act of 1955 and therefore the Court below was justified in awarding the maintenance from the date of the petition.