- (1.) It has been contended by the learned counsel for the appellant that the costs in this case have been awarded twice. At the start of the proceedings a sum of Rs. 500/- was awarded to be paid which was duly paid and while deciding the petition, the learned Additional District Judge has awarded costs of Rs. 250/- again. In reply, Mr. Shakar the learned counsel for the respondent has stated that his client is prepared to forego the amount of Rs. 250/- which has been awarded in the judgment and decree of the court below. In view of this concession having been made, the appeal need not be admitted on this point and the judgment and decree of the court below is modified to that extent only.
(2.) It has been then contended by the learned counsel for the appellant that the learned trial court has erred in making charge of maintenance on salary. Mr. Shakar states that this portion of the judgment may also be modified as his client will be entitled to recover the amount under Section 28-A of the Hindu Marriage Act in accordance with law. We order accordingly.
(3.) The other contention by the learned counsel for the appellant is that the maintenance allowance should be granted from the date of the order, We do not find any merit in this submission. It is not disputed that the respondent living apart much before the application was made in the trial court. The appeal is disposed of accordingly. There will be no order as to costs Appeal partly allowed.;