POPRI BAI Vs. TREETH SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties, perused the revision petition and the order dated 10th of September, 2001 of the learned Additional District Judge No. 1. Bharatpur.

(2.) The learned counsel for the petitioner - wife also produced certified copy of the order dated 11th of April, 2001 of the learned Additional District Judge No.l, Bharatpur, in Civil Miscellaneous Case No. 71/1999. Under this order the application filed by the petitioner-wife under Section 24 of the Hindu Marriage Act has been decided. The learned trial Court under the order aforesaid directed the respondent-husband to pay Rupees one thousand per month as interim maintenance to the petitioner-wife. However, in the operative part of the order it is not mentioned from which date this amount is payable.

(3.) The facts of the case necessary for the decision of this revision petition, are that the respondent-husband filed a petition under Section 9 of the Hindu Marriage Act 1956 on 3rd of February, 1999. On 15th of July. 1999, the petitioner-wife moved an application under Section 24 of the Hindu Marriage Act for interim maintenance for herself and lor her son. As said earlier, after hearing the learned counsel for the parties, the learned trial Court, on 11-4-2001. directed the respondent-husband to pay Rupees one thousand per month as interim maintenance to the petitioner-wife. The respondent-husband got his petition dismissed on 1st of June, 2001 for non-prosecution. The petitioner-wife filed an application on 23rd of August, 2001 for execution of the order dated llth of April, 2001. In this application, she prayed for recovery of the amount of interim maintenance from the date of filing of the application. The learned executing court, under the impugned order, held that she is entitled for the maintenance from the date of the order. Thus, this revision petition.