D.D. Seth, J. - (1.) This is an application Under Order 47, Rule 1 read with Sec. 151, Code of Civil Procedure and it is prayed that the order passed by me on 22 -9 -1970, be reviewed.
(2.) The application has arisen out of the following circumstances: Sri Mahabir Prasad Jain filed a petition Under Sec. 10 of the Hindu Marriage Act for judicial separation from his wife, Smt. Pushpa Mala, on the ground of desertion by the lady. The learned 2nd Civil Judge, Meerut, allowed Mahabir Prasad's petition and granted a decree for judicial separation. In appeal by Smt. Pushpa Mala, the owner appellate court reversed the judgment and decree of the trial court and distressed the petition for judicial separation and against that order, Mahabir Prasad Jain preferred a second appeal in this Court, which is numbered as S.A. No. 709 of 1967. By an application dated 26 -8 -1970 filed by Smt. Pushpa Mala Under Sec. 24 of the Hindu Marriage Act and Sec. 151, Code of Civil Procedure, it was prayed that Mahabir Prasad Jain be directed to pay Rs. 75 per month towards the maintenance of the lady and also be directed to pay a sum of Rs. 750 towards the expenses of the present proceedings. A copy of the application filed by Smt. Pushpa Mala was served on Sri K.C. Agarwal, the learned Counsel appearing for Mahabir Prasad Jain, on 21 -8 -1970. The application of Smt. Pushpa Mala was heard by me on 22 -9 -1970 and after heating Shri K.N. Seth, learned Counsel appearing for Smt. Pushpa Mala and Sri Bhupeshwar Dayal, holding the brief of Sri K.C. Agarwal, learned Counsel for Mahabir Prasad Jain, I allowed the application and directed Mahabir Prasad Jain to pay an amount of Rs. 60 per month to Smt. Pushpa Mala towards her maintenance from the date of the filing of the present second appeal in this Court and further directed him to pay a sum of Rs. 500 towards the expenses of the present litigation. I further directed Mahabir Prasad Jain to pay an amount of Rs. 60 per month as maintenance to Smt. Pushpa Mala for the month of October, 1970, by 7 -10 -1970 and further directed him to continue to pay the monthly allowance by the 7 th of each month and the amount of Rs. 500 to be paid to her by Mahabir Prasad Jain within a period of two months. At the time when I decided the application of Smt. Pushpa Mala, Sri K.N. Seth, appearing for her, stated before me that his client will not claim maintenance Under Sec. 488, Code of Criminal Procedure for that period. Now, an application has been filed by Sri K.C. Agarwal, learned Counsel for Mahabir Prasad Jain, praying that the order passed by me on 22 -9 -1970, be_ reviewed and the review application be allowed.
(3.) I have heard Sri K.C. Agarwal, learned Counsel for the Applicant in the review application and Sri K.N. Seth, learned Counsel appearing for Smt. Pushpa Mala. Sri K.C. Agarwal submitted that this Court had no jurisdiction to direct Mahabir Prasad Jain to make the payment of the maintenance allowance to Smt. Pushpa Mala at the rate of Rs. 60 per month, calculated from the date of the filing of the appeal. According to the learned Counsel, Sec. 24 of the Hindu Marriage Act empowers the court to make an order of maintenance only from the date of an application for payment of the maintenance allowance.;