Mrs. Rupali Mohan Jadhav vs Mr. Mohan Ganpat Jadhav C/O ...
2023 Latest Caselaw 469 Bom

                                                                          34-wp15975-2022.doc


                      AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.15975 OF 2022


ATUL
GANESH                Rupali Mohan Jadhav                          ... Petitioner
                                V/s.
KULKARNI
Digitally signed by
ATUL GANESH



                      Mohan Ganpat Jadhav
KULKARNI
Date: 2023.01.13
10:42:59 +0530




                      C/o. Madhukar Kamble                         ... Respondent


                      Mr. Vikrant A. Khare with Mr. Pratik Sabrad for the
                      petitioner.
                      Mr. Glen Aloysius C. i/by Ms. Maitrayee Gadhve for the
                      respondent.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED       : JANUARY 12, 2023
                      P.C.:

1. Rule. Rule is made returnable forthwith by consent.

2. The petition arises out of order dated 29 th January 2022 on an application filed by the wife for review of order dated 9 th November 2020 granting maintenance from the date of the order. The wife has filed application for review in terms of the judgment of the Apex Court in Rajnesh v. Neha reported in 2021 (2) SCC 324 seeking relief of modifying the order to grant maintenance from the date of the application.

3. The learned Trial Court by the impugned order rejected the review holding that the husband had paid amount of rent and

34-wp15975-2022.doc

other goods for the maintenance of the wife during pendency of the application and, therefore, the order cannot be modified.

4. Learned advocate for the petitioner invited my attention to the judgment in Rajnesh (supra), and in particular paragraph 131 of the judgment to submit that the Apex Court has directed all the Courts to award maintenance from the date of the application as held in Part B - IV of the said judgment.

5. On perusal of the order of grant of maintenance, it appears that the amount of maintenance of Rs.7,000/- per month had been passed after taking into consideration the payment of rent made by the husband during the pendency of the application. If that be so, it was legal obligation on the part of the learned Magistrate to grant maintenance from the date of application, particularly in view of clear pronouncement of law by the Apex Court in Rajnesh (supra).

6. In that view of the matter, in my opinion, the applicant is entitled to claim maintenance from the date of the application.

7. For the aforesaid reasons, rule is made absolute in terms of prayer clause (b).

8. No costs.

(AMIT BORKAR, J.)