Decided on September 09,1983

A.K.SINGHA Respondents


S.B.Wad, J. - (1.)-The only question raised in this appeal is whether the pendente lite maintenance should be granted from the date of the application for that purpose or from the date of the order of the Trial Court. The appellant contends that she is entitled to alimony from the date of the presentation of the application.
(2.)The appellant-wife filed a petition for judicial separation against the respondent under Section 22, read with Section 23 of the Indian Divorce Act, 1869. On 27th/30th April, 1981 she moved an application for pendente lite maintenance. The learned Trial Judge found that the husband's income was at least Rs. 1572.00 per month and the wife had no income of her own. The learned Judge, therefore, allowed the maintenance @ Rs. 314.00 from the date of the order. The order was passed on 29-5-1982.
(3.)The application for pendente lite maintenance was made under Section 36 of the Indian Divorce Act. The said section reads as under :
"36. Alimony pendente lite.-In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition fo alimony pending the suit. Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just : Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average nett income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of mullily of marriage, until the decree is made absolute or is confirmed, as the case may be."


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