KAUSHALYA SINGHA Vs. A K SINGHA

JUDGEMENT

(1.) -The only question raised in this appeal is whether the pendente lite maintenance should be granted from the date of the application for that purpose or from the date of the order of the Trial Court. The appellant contends that she is entitled to alimony from the date of the presentation of the application.

(2.) The appellant-wife filed a petition for judicial separation against the respondent under Section 22, read with Section 23 of the Indian Divorce Act, 1869. On 27th/30th April, 1981 she moved an application for pendente lite maintenance. The learned Trial Judge found that the husband's income was at least Rs. 1572.00 per month and the wife had no income of her own. The learned Judge, therefore, allowed the maintenance @ Rs. 314.00 from the date of the order. The order was passed on 29-5-1982.

(3.) The application for pendente lite maintenance was made under Section 36 of the Indian Divorce Act. The said section reads as under :