Dr. Tarlochan Singh S/O Dr. Sunder Singh vs Smt. Mohinder Kaur D/O Ghanya Singh on 3 August, 1961
The application for maintenance had been filed in lower Court in February 1966 and the arrears from that date at the rate fixed may run into a few thousands. It may not be possible for a Government servant with a fixed monthly income to pay such heavy arrears. The appellant has been able to maintain herself somehow for the period of the last about 3 1/2 years and the maintenance allowance can, therefore, be made payable from the date of filing the appeal in this Court. The fact that the Court has discretion in the matter of fixing the date and that it is not incumbent on it to allow arrears of maintenance from the date of application was recognised in Dr Tarlochan Singh v. Mohinder Kaur, ILR (1963) 1 Punj 74 and Smt. Hamibai v. Smt. Kundibai, AIR 1940 Sind 222, though it was observed that the conduct of the parties shall have to be kept in mind.