Allahabad High Court
Sanjeev Sharma vs Smt. Bhawna Sharma on 6 July, 2010
Author: Krishna Murari
Bench: Krishna Murari
Court No. - 4 Case :- CIVIL REVISION No. - 256 of 2010 Petitioner :- Sanjeev Sharma Respondent :- Smt. Bhawna Sharma Petitioner Counsel :- Anurag Pathak Respondent Counsel :- Rahul Verma Hon'ble Krishna Murari, J.
Heard learned counsel for the applicant and Sri R. S. Baghel, holding brief of Sri Rahul Verma for the respondent.
It is contended that even though the application under Section 24 of the Hindu Marriage Act was made on 12.8.2009, the court below has allowed the same with effect from August, 2008. It is further contended that interim maintenance could not have been provided for the period prior to the date of filing the application.
Prima facie, there appears to be force and the matter requires scrutiny.
The respondent may file counter affidavit within four weeks. The applicant will have three weeks thereafter to file rejoinder affidavit.
List for admission after service of notice on respondent.
Meanwhile, considering the facts and circumstances, effect and operation of the impugned order dated 26.4.2010 shall remain stayed subject to the condition that applicant pays the litigation expenses and interim maintenance awarded by the court below with effect from the date of making application and continues to go on paying the same.
Order Date :- 6.7.2010 Dcs