JAI SHREE SHARMA Vs. INDER KUMAR SHARMA

JUDGEMENT

(1.) Admitted. This petition by the wife is directed against the order dated 25-5-1988 passed by the learned Addl. District Judge, Delhi whereby her application under Section 24 of the Hindu Marriage Act for maintenance pendents lite was disposed of and maintenance of Rs. 400.00 per month was allowed for the child. However, according to the directions, the maintenance was payable from the date of the order. The grievance of the petitioner is that the application under Section 24 was filed in 1986 and as such the maintenance should have been allowed from the date of the application and not from the date of the order.

(2.) Notice of this petition was issued to the respondent. Counter affidavit has been filed, In the counter affidavit, it is stated that it was in fact the petitioner who had been delaying the proceedings both in the main petition as also in the application under Section 24 of the Act. Facts, in details, have been mentioned, which indicate that in spite of repeated opportunities the petitioner had not filed the salary certificate till January, 1988. Even otherwise, I find that the petitioner has been seeking adjournments and therefore the petition could not be disposed of.

(3.) The learned counsel for the respondent has very fairly agreed that the respondent will pay a sum of Rs. 5000.00 towards the period i.e., from the date of the application till the date of order in lumpsum and as such no further orders would be required. On consideration of the entire facts, I am of the opinion that this offer made by the learned counsel for the respondent is fair and will meet the ends of justice. Consequently, this petition is allowed to the extent that the respondent will pay a sum of Rs. 5000.00 towards the arrears till the date of the order and thereafter will pay maintenance in accordance with the order. The arrears would be paid within a period of one month from today. The revision petition is disposed of accordingly. No order as to costs.