MOHAMMED ALLAUDDIN Vs. ASIYA FATIMA STATE OF A P
HIGH COURT OF ANDHRA PRADESH
ASIYA FATIMA, STATE OF A.P
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(1.)THE point involved in this case is, in a case where the cancellation order of the maintenance has been granted, whether it has to take effect from the date of the original order or from the date of the order of the cancellation. THE object of providing maintenance to the wife the first respondent herein is that she must be provided monthly maintenance so that she may survive. When maintenance has already been granted, with a hope that the Court will execute the decree, she obtained the loan. Subsequently, if an application is filed for cancellation of the maintenance on the ground that she is earning some money, it cannot be said that it will take effect from the date of original order. In a case of cancellation of maintenance order, on coming to know or on furnishing sufficient material that it is a case of cancellation, it has to take effect only from the date of filing of the petition for cancellation or from the date of passing of the order of cancellation. THEse both dates will be at the discretion of the officer that is passing the appropriate order. So, in this case, the learned Judge is perfectly justified in passing an order that the cancellation order will come into effect from the date of passing of the cancellation order. Accordingly, the Criminal Petition is dismissed.
(2.)IT is represented that NBW has been issued in this case. Therefore, three months time has been granted for depositing the amount. In default, steps have to be taken for execution.
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