application for
maintenance. It is, therefore, open to the Magistrate to
award maintenance from the date of application. The
Court held, and we agree, that ... date of the application for maintenance, as the case may
be. For awarding maintenance from the date of the
application, express order is necessary
respondent would suffer
consequences of contempt apart from dismissal of the maintenance
application whereupon the respondent sought time to think over. On 02 nd
March ... counsel
gave solemn undertaking to this Court to withdraw the maintenance
application filed on behalf of the minor child within two weeks whereupon
this Court
aforesaid property for
the last several months. Darshna has filed an application for
maintenance under Section 125 Cr.P.C., which is stated ... right. There is nothing in Section 23 ,
which pre-supposes an application for maintenance as a
prerequisite for seeking a relief under it. The scope
date of the order and not from the date of
the application for maintenance. And if he intends to pass such an
order ... date of the order or the
date of the application in matters of maintenance. Thus, as
per Section
qualified and could maintain herself, she could not maintain the
application for maintenance against her husband.
3. It is an admitted position that the Trial ... claim for maintenance.
8. The Trial Court has rejected the application for interim
maintenance solely on the basis of the qualification of the petitioner
paid to the respondent
pending the consideration of the application for grant of interim
maintenance.
2. Learned counsel for the petitioner has contended that ... Keeping in view the fact that the consideration of interim
maintenance application was to take time, following the judgment of this
Court dated
2017 Page 2 of 3
The application for interim maintenance filed by the petitioner was
earlier rejected and the matter was remitted by order dated ... Court is not in
a position to dispose of the application for interim maintenance on the
said date, the Trial Court shall pass an order
property
owned by him to make an application under Section 5 for his /
her maintenance so that he / she can lead a normal life. Chapter ... right. There is nothing in Section 23 , which pre-supposes an
application for maintenance as a prerequisite for seeking a relief
under it. The scope
respondent no.3 had not sought any
maintenance from the petitioner and, therefore, his application under Rule
22 (3)(1)(i) of the said Rules ... that since the
respondent no.3 had not sought any maintenance from him, an application
under Rule 22(3)(1)(i) of the said Rules
notice. It is also
contended that the respondent's application for grant of maintenance under
the Domestic Violence (DV) Act, 2005 was declined ... have
nothing to do with the order passed in the application for maintenance under
section 125 Cr.P.C.; that under section
