ASHA SHARMA Vs. JUDGE

JUDGEMENT

(1.) This revision is directed against the order dated 4.1.1995 passed by the Judge, Family Court, Meerut. The facts in brief are that the opposite party No. 2, filed a petition for divorce under Section 13 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), against the applicant, on 2.11.1992. The applicant filed an application under Section 24 of the Act, claiming maintenance and litigation expenses. The said application was allowed by the Judge Family Court, Meerut, on 9th July, 1993, directing the opposite party No. 2 to pay Rs. 500/- per month towards maintenance and Rs. 1200/- as litigation expenses.

(2.) Subsequently, the applicant filed an application (17-D), stating that the opposite party No. 2 has not paid the amount as directed by the Court on 9th July, 1993 and he may be directed to pay the said amount. On 22.11.1994 the Court passed an order staying the further proceedings and directing the opposite party to file reply to the application filed by the applicant within 10 days and fixed 4th January, 1995, for orders.

(3.) On 4th January, 1995, the applicant filed an application stating that the Court had passed the order on 9th July, 1993 for awarding maintenance to the applicant but the Court should have directed to pay the amount of maintenance w.e.f. 2nd November, 1992. On the said application, the Court passed an order on 4.1.1995, indicating that in the order dated 9th July, 1993, the date was not specified indicating from which date the amount for maintenance was to be paid to the applicant. It clarified that the amount of maintenance was to be paid from 9th July 1993, the date when the order was passed awarding the maintenance to the applicant. This order has challenged in this Revision.