D. Venkatesan vs Lalitha

Kanakaraj, J.—This revision is against the order of the Family Court, made in Interlocutory application No. 335 of 1989. That application

was u/s 24 of the Hindu Marriage Act by the respondent for interim maintenance and litigation expenses. It is not disputed that the respondent had

also filed an application u/s 125 of the Criminal Procedure Code and had obtained an order directing maintenance at the rate of Rs. 250 per

month. Taking note of that direction and the pay of the petitioner as indicated in EX. B-1, the Family Court has fixed Rs. 400 per month including

the maintenance of Rs. 250 ordered u/s 125 of Cr. P.C. to be paid from 9.9.1985, the date of filing the application I.A. No. 335 of 1989. By way

of litigation expenses the court had directed a payment of Rs. 1,000. It is this order which is challenged by the husband in this revision.

I am unable to see any ground to interfere with the order of the lower Court. The maintenance of Rs. 400 per month is inclusive of Rs. 250

ordered u/s 125 of Cr. P.C. The only contention of the petitioner is that the direction to pay maintenance should not be from the date of the

application. This contention cannot be accepted because the applicant in an application for interim maintenance is entitled to payment of interim

maintenance from the date of her application. To hold otherwise, will lead to several complications. In a particular case, the court may take up the

application immediately and in another case the court may take up the application after considerable delay. The question of payment will certainly

arise from the date of the application.

Accordingly, this civil revision petition fails and is dismissed. For payment of the arrears, the learned Counsel for the petitioner wants some lime.

Accordingly, three weeks lime is granted for payment of the arrears of maintenance. No costs.