KANTA RANI Vs. JOGINDER SINGH

JUDGEMENT

(1.) This petition under section 115 of the Code of Civil Procedure has been filed against the order of the District Judge, Ambala, dated May 26, 1982 whereby, while accepting the application under section 24 of the Hindu Marriage Act, the maintenance was allowed with effect from May 1, 1982 instead of the date of application, i.e. May 16, 1981. It has been repeatedly held by this Court that the applicant under section 24 of the Hindu Marriage Act is entitled to maintenance from the date of the application. The trial Court, therefore, acted illegally in ordering the payment of the maintenance from May 1, 1982 instead of the date of the application. Consequently this petition is allowed and the impugned order modified to the extent that the maintenance would be payable from the date of the application i.e. May 16, 1981 instead of May 1, 1982. No costs.