Kulbhushan Kumar vs Raj Kumari & Anr on 20 October, 1970
5. Learned counsel for the wife would contend that
apart from the salary, the husband is running clinic and
getting income and Exs.P.6 to 13 are photographs of the
same. The husband in collusion with the parents, got
passed an order on compromise petition, wherein
maintenance has been ordered to be paid to the parents in
a sum of Rs.25,000/- each only to see that the quantum of
maintenance awarded in the case is on the lower side. The
maintenance awarded by the Trial Court is not adequate to
maintain the wife. The husband is leading luxurious life
having a car. She further contends that the order of
maintenance has been given effect from the date of order
only for the reason that the interim maintenance of
Rs.5,000/- has been awarded in a Criminal Miscellaneous
No.529/2020. She further submits that whenever there is
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RPFC No. 200130 of 2024
C/W RPFC No. 200005 of 2025
HC-KAR
an order of maintenance, it should be from the date of
petition and on that point, she placed reliance on the
decision of the Hon'ble Apex Court in the case of Dr.
Kulbhushan Kumar Vs. Smt. Raj Kumari and Another
reported in (1970) 3 SCC 129. She has also placed
reliance on the same judgment on the point that the
maintenance awarded should be 25% of the income of the
husband.