- In the case of Rinki Kumari @ Anita Kumari vs. Kundan Kumar @ Kundan Kumar Singh, the Hon’ble Jharkhand HC has held that the effective date for the grant of maintenance would be the date on which the application was filed and not the date the judgement was pronounced.
- The matter arose from a revisional application against the order of the Family Court Judge wherein it had allowed the petitioner’s application and had directed the respondent to pay a monthly allowance of Rs. 1500 from the date of the judgement.
- The HC refused to adjudicate upon the quantum of maintenance but did undertake the issue of the effective date of the grant of maintenance.
- Reference was made to the decision of the Hon’ble SC in the case of Rajnesh vs. Neha (passed on 4 November, 2020) where the Court had held that the maintenance is to be granted from the date of the filing of application in the concerned Court. The reason accorded to this observation was that the duration for which the proceedings would remain pending in the court was not within the control of the petitioner.
- Thus, relying on the aforesaid judgment, the Hon’ble HC modified the order of payment of maintenance and directed the payment of monthly allowance from the date of filing of the application.
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