LAWS(ALL)-1970-11-22

MAHABIR PRASAD JAIN Vs. SMT. PUSHPA MALA

Decided On November 04, 1970
MAHABIR PRASAD JAIN Appellant
V/S
Smt. Pushpa Mala Respondents

JUDGEMENT

(1.) This is an application Under Order 47, Rule 1 read with Sec. 151, Code of Civil Procedure and it is prayed that the order passed by me on 22 -9 -1970, be reviewed.

(2.) The application has arisen out of the following circumstances:

(3.) I have heard Sri K.C. Agarwal, learned Counsel for the Applicant in the review application and Sri K.N. Seth, learned Counsel appearing for Smt. Pushpa Mala. Sri K.C. Agarwal submitted that this Court had no jurisdiction to direct Mahabir Prasad Jain to make the payment of the maintenance allowance to Smt. Pushpa Mala at the rate of Rs. 60 per month, calculated from the date of the filing of the appeal. According to the learned Counsel, Sec. 24 of the Hindu Marriage Act empowers the court to make an order of maintenance only from the date of an application for payment of the maintenance allowance.