grant maintenance from the date of order, and
the exception was to grant maintenance from the date
of application, would be to insert something more ... application. A party
seeking maintenance would otherwise be deprived of
maintenance due to the delay in disposal of the
application, which may arise
disposed of the application, by the order dated 20-3-1985, allowed the application and awarded a monthly maintenance allowance at the rate ... maintenance from Rs. 150/- to Rs. 100/-. The petitioner was directed to pay the monthly maintenance allowance from the date of the application filed
application against the order. The Court has prima facie held that application is maintainable, but the final order has yet to be passed granting maintenance ... been raised as to the question of maintainability of the maintenance application. It would be appropriate to refer to Section 125 of the Code
date of the
application.
Under the third proviso to the amended
Section 125, the application for grant of
interim maintenance must be disposed ... determining quantum of maintenance and
maintenance amount shall be reasonable and realistic, and
avoid either of the two extremes i.e., maintenance
awarded
MONTH
TO RS.114000 PER MONTH AS CLAIMED IN THE
MAINTENANCE APPLICATION OR AT A RATE OF 50 PERCENT
OF TOTAL DISPOSABLE INCOME ... increasing/enhancing/modifying
the maintenance amount to Rs.114000/- per month as
claimed in the maintenance application with cost.
b) Pass any other writ/order
MONTH
TO RS.114000 PER MONTH AS CLAIMED IN THE
MAINTENANCE APPLICATION OR AT A RATE OF 50 PERCENT
OF TOTAL DISPOSABLE INCOME ... increasing/enhancing/modifying
the maintenance amount to Rs.114000/- per month as
claimed in the maintenance application with cost.
b) Pass any other writ/order
Petitioner-husband, insofar as the request made in the application for grant of interim maintenance by the wife, by filing his detailed affidavit has requested ... pass such a decree and adjudicating on an application filed for grant of interim maintenance amounts to failure to exercise jurisdiction vested in it under
application. In that, firstly contends that children are not parties to the application and therefore, they are not entitled for interim maintenance. Secondly, since ... independent income or not at the time when the application for claiming maintenance is made and not the capacity of the applicant to earn income
second wife in about the end of November, 1955 and the maintenance application was filed on 15-12-1955. At no stage there ... order, or if so ordered from the date of the application for maintenance.
(3) If any person so ordered (fails without sufficient cause) to comply
provide maintenance to her and that she had no other source or means for her maintenance. The respondent who contested the application not only denied ... maintenance, nor about the means and ability of the respondent husband to pay the amount of maintenance. He has proceeded to dismiss the application
