Legal Question in Family Law in India
my wife filed application on November 2008 u/s 125 crpc for interim maintenance for her and child before chief judicial magistrate and his speaking and written order pronounced on July 2010 was as below- the application for interim maintenance to the petitioner no. 1 i.e. wife is hereby dismissed but the respondent i.e. myself is directed to pay maintenance to the child at the rate of Rs. 2500 per month from the date of filing present application i.e. from November 2008 year onwards for interim maintenance. But my wife filed criminal revision petition in October 2010 before session court against the above order of CJM and the session court order pronounced in April 2012 states the following words- interim maintenance granted to child stands enhanced from Rs 2500 to Rs 5500 per month from the date of petition and accordingly revision stands allowed. now sir my question is whether this enhanced maintenance is payable from date of filing revision petition by wife in session court or from date of filing original petition/application u/s 125 crpc before CJM. SINCE IN ORDER OF SESSION COURT ONLY IT IS MENTIONED THAT MAINTENANCE INCREASED FROM DATE OF PETITION. ACCORDINGLY, REVISION STANDS ALLOWED. the order of session judge is exactly what i have mentioned in capital letter above. please tell from which date to pay enhanced maintenance . please dont reply ask from registry of court as they dont know and judge also refused to clarify order. WHAT IS YOUR ASSESSMENT ON ABOVE ISSUE
2 Answers from Attorneys
you need to pay arrears of maintenance since the day petition was filed i.e. November 2008.
i agree with Adv Gupta. If you wish to challenge the order than you can go to High court.
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