Maintenance Has To Be Awarded From Date Of Application Not From The Date Of Order: Allahabad High Court

Referring to the Apex Court's ruling in the case of Rajnesh v. Neha and another, (2021) 2 SCC 324, the Allahabad High Court has observed that the maintenance has to be awarded from the date of application and not from the date of the order.

The Bench of Justice Samit Gopal observed thus as it opined that the order of the revisional court in granting maintenance to a lady and her minor children from the date of the order was illegal.

Essentially, the Court was hearing the revision plea filed in the year 2005 seeking modification of the judgment and order dated April 1, 2005, passed by the Additional Sessions Judge, Aligarh. 

The revisional court had modified the order dated 31.8.2002 to the extent that Rs. 1000/- per month be given to the revisionist and Rs. 400/- per month be given to her minor children from the date of order.

In view of this, the Court observed that the view as taken by the revisional court of granting Rs.1000/- per month to the revisionist and Rs. 400/- to her minor children from the date of the order was illegal.

In this regard, the Court, at the outset, referred to the ruling of the Apex Court in the case of Rajnesh Vs. Neha and another, wherein it was held that the maintenance has to be awarded from the date of application.

Further, in view of the law laid down by the Apex Court in the case of Rajnesh, the present criminal revision was partly allowed and the judgement and order passed by Additional Sessions Judge, Aligarh was set aside, in so far as it issued a direction for payment of maintenance from the date of order.

The opposite party no. 2/Yogesh Gautam was directed to pay a sum of Rs.1000/- per month to the revisionist/wife and Rs. 400/- to her minor children, from the date of application.

The Court directed that the payment shall be done within a period of six months and the arrears of payment to be paid within six months in three equal instalment, the first instalment of which shall be paid within a period of one month and the remaining two instalment shall be paid within equally divided in the remaining time. 

In related news, the Jharkhand High Court recently held that the claim for maintenance arises from the date of filing the application and not the date of judgment.

Justice Anubha Rawat Choudhary referred to the Supreme Court Decision in Rajnesh v. Neha & Anr. and modified the impugned order, directing payment of monthly allowance from the date of application.

Case title - Smt. Rekha Gautam v. State of U.P. and Another
Case Citation: 2022 LiveLaw (AB) 125

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