SMT. LAXMIBAI JAMAIATMAL Vs. RAMESHLAL KOTUMAL

JUDGEMENT

(1.) The present revision application arises out of the order passed by the learned Second Extra Assistant Judge, Narol on 12-12-1985 in the Application under Section 24 of the Hindu Marriages Act filed in H.M.P. No. 81/84. By the said order the learned Judge has directed the husband-respondent herein to give to the petitioner-wife an amount of Rs. 100/- per month for herself and an amount of Rs. 75/- per month for each of her two daughters (Rs. 250/- in all) as alimony per month from the date of this order. Against the said order the aforesaid revision application is filed.

(2.) The learned Advocate appearing for the petitioner states that apart from the quantum of the amount awarded, the main error of jurisdiction committed by the trial court in passing the said order is that instead of granting the application from the date of application it is granted from the date of the order, i.e. from 12-12-1985. He submits that for no fault of the petitioner she had to lose the amount of maintenance for a period from 26-12-84 to 12-12-85. He further states that the order has become ridiculous as immediately thereafter the original petitioner i.e. the husband has withdrawn the H.M. - Petition and, therefore, also the present petitioner is required to be given maintenance from the date of her application.

(3.) No reasons are given by the learned Judge as to why the application is not granted from its date i.e. 26-12-84, but it has been granted from only 12-12-1985, i.e. the date on which the order is passed. By this order the petitioner herein is wrongly deprived of the maintenance amount for a period from 26-12-1984 to 12-12-1985. If this application would have been decided in the year 1984 she would have got the amount of maintenance from that date. There is no reason as to why the petitioner should be deprived of the said amount merely because the Court did not decide the interim application upto 12-12-1985. Thus, the order passed by the learned trial Judge deserves to be modified only to the extent that it should be operative from 26-12-1984, i.e. from the date of application instead of 12-12-1985 as ordered by the learned trial Judge.