Arshad Hussain Bhat vs Aman (Minor) And Anr
2021 Latest Caselaw 601 j&K/2

                                   HIGH COURT OF JAMMU & KASHMIR
                                            AT SRINAGAR


                                                                 CRR No. 15/2018
                                                                 IA No. 01/2018



              Arshad Hussain Bhat                                     .....Appellant(s)/Petitioner(s)

                                         Through: Mr. Shabir Ahmad Malik, Advocate.


                                   Vs


              Aman (Minor) and anr.                                              ..... Respondent(s)

                                         Through: Mr. Z.A. Shah, Advocate.

              Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE


                                                      ORDER

1. In the present petition, the main grievance of the petitioner was that the court below had committed an error in directing the maintenance from the date of filing of the application. It was urged that the maintenance if at all could have been ordered only from the date of the order. However, in view of the latest Apex Court judgment in Rajnesh vs. Neha & anr, (2021) 2 SCC 324, it is clear that the order of maintenance would be effective from the date of filing of the application. To that extent, there was no error committed by the trial court in allowing the maintenance from the date of the application.

2. Be that as it may, the petition is found to be without any merit and is accordingly dismissed along with connected application(s).

(Dhiraj Singh Thakur) Judge SRINAGAR 28.05.2021 NARESH

NARESH KUMAR 2021.06.22 12:47 I attest to the accuracy and integrity of this document