Clarification of mntce allowance regards
sanjeev kumar
(Querist) 04 May 2013
This query is : Resolved
D/Law Experts,
This is repeated query.But now I would like to describe it in more details.
The matter is related to the case for the enhancement of alimony from 2000/- + 2000/-=Rs 4000/-
She moved a pauper application on dtd 11-03-2002 to file aforesaid suit.The same was declined and she had to pay court fee.
After that it was the suit no:-431 dtd 04-09-2008.
The suit was decided on 07-01-10 with the enhancement of alimony to 8000/-.But from which date it would be operated,was nowhere mentioned.
She preferred a appeal in the Court of Distt. Judge.
I am going to place some contents of it.
"Appeal against judgement and decree dated 7-1-10 passed........whereby the ld lower court has allowed mntce of Rs. 8000/-....
"That in the impugned judgement and decree it has not been specified by the ld lower court that from which date judgement and degree will operate ie from which date maintenance has been granted which fact also deserves to be clarified and mntce deserves to be granted from the day of filing the application under order 33 rule 1 CPC ie 11-03-2002......
It is,therefore,prayed that the impugned judgement and decree may kindly be modified and the mntce be enhanced 7250/- each and may be granted from 11-03-2002.
THE DECISION OF THE AFORESAID CASE:---
"....However,the trial court erred by not mentioning the date from which the mntce is to be given to the appellants and I find that this is to be rectified and this mntce is granted to the appellants from the date of suit filed by them before the trial court.
In view of my above discussion,the judgement and decree of lower court is modified to the extent that the appellants are entitled to receive mntce granted by the trial court from the date of filing of the suit.There is no scope of interference in the other findings of the trial court and there is no merit in the present appeal and the same is dismissed,with no order as to costs....."
Two releifs were sought for and the appeal is dismissed.Is dismissal means both releifs were declined? Now my query is that which is the date of implementation?
with regards
sanjeev kr
Nadeem Qureshi
(Expert) 04 May 2013
contact a lawyer with all the documents personally
sanjeev kumar
(Querist) 04 May 2013
D/sir,
I have discussed with many lawyers.
But no satisfactory reply.
Raj Kumar Makkad
(Expert) 05 May 2013
If you have not got any satisfactory reply from either of the lawyers then you need to get personal engagement with either of the experts for the detailed discussion with him on the basis of relevant document of your case.
