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Mohanambal vs Annadurai on 7 June, 2019

... Even after the amendment of 2001, an order for payment of maintenance can be made by a court either from the date of the order or where an express order is made to pay maintenance from the date of application, then the amount of maintenance can be paid from that date i.e. From the date of application.” The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that: (Shail Kumari Devi case, SCC p. 645, para 37) “37. ... To hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the sub-section which the legislature never intended. The [High Court had] observed that it was unable to read in sub-section (2) laying down any rule to award maintenance from the http://www.judis.nic.in 11 date of the order or that the grant from the date of the application is an exception.” The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under sub-section (6) of Section 354 of the Code.

Mr. Vikas Saxena vs Ms. Tanya Alagh on 2 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that C.A No.242/2017 Vikas Saxena Vs. Tanya Alagh Page No.8/14 the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 17 - Cited by 0 - Full Document

Sh. Sandeep vs Smt. Lalita on 29 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Sh. Hem Chander vs Smt. Sarita on 1 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court Crl. Appeal No.89/18 Hem Chander Vs. Sarita Page No.8/ 13 is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Sh. Nikhil Aggarwal vs Smt. Priya Aggarwal on 4 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 16 - Cited by 0 - Full Document

Address In Document vs Smt. Niti Ahuja on 6 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 18 - Cited by 0 - Full Document

Smt. Harpreet Kaur vs S. Manvinder Singh on 23 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 12 - Cited by 0 - Full Document

Sh. Manish Khanna vs Smt. Priyanka Sharma on 20 April, 2019

The Court referred to the decision in Krishna Jain v. Dharam Raj Jain wherein it has been stated that to hold that, normally maintenance should be made payable from the date of the order and not from the date of the application unless such order is backed by reasons would amount to inserting something more in the subsection which the legislature never intended. The High Court had observed that it was unable to C.A. No.87/18 Manish Khanna v. Priyanka Sharma Page No.7/ 13 read in subsection (2) laying down any rule to award maintenance from the date of the order or that the grant from the date of the application is an exception. The High Court had also opined that whether maintenance is granted from the date of the order or from the date of application, the Court is required to record reasons as required under SubSection (6) of Section 354 of the Code.
Delhi District Court Cites 12 - Cited by 0 - Full Document
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