Aisha Shamim vs Md. Junaid
2021 Latest Caselaw 4985 Jhar

                        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Revision No. 1524 of 2019
                                        ....

1. Aisha Shamim

2. Eshal Aisha .... Petitioners Versus Md. Junaid .... Opp. Party ....

              CORAM:         HON'BLE MR. JUSTICE RAJESH KUMAR

               For the Petitioners             : Mr. Anil Kr. Sinha, Adv.
               For the O.P.                    : Md. Zaid Ahmed, Adv.
                                               ....

The matter was taken up through Video Conferencing. Learned counsel for the parties had no objection with it and submitted that the audio and video qualities are good.

....

03/22.12.2021 Heard learned counsel for the revisionists and learned counsel for the opposite party.

This revision application has been filed against the order dated 25.09.2019 passed by the learned Addl. Principal Judge, Addl. Family Court, Ranchi in Original Maintenance Case No.178 of 2013, whereby the opposite party has been directed to pay maintenance of Rs.2,000/- per month to the petitioner No.1 and Rs.2,500/- per month to the petitioner No.2.

It has been submitted by learned counsel for the revisionists that the maintenance has been granted from the date of order while it should be from the date of application.

It has been brought to my notice that the wife was getting Rs.2,000/- per month as interim maintenance.

Learned counsel for the husband has although opposed the prayer of the wife and has submitted that if the order is made from the date of application then the petitioner should be allowed to pay the arrear in phased manner by fixing the same on monthly basis.

In view of above submission of the parties and considering the mandate of judgment of the Hon'ble Supreme Court reported in 2021 (2) SCC 324 in the case of Rajneesh Vrs. Neha & Anr., the impugned order is modified to the extent that the maintenance amount will be payable from the date of filing of application.

Further, so far as arrear is concerned, it will be payable by making extra payment of Rs.1,500/- per month till the entire arrear amount is paid. The payment of arrear will be paid from January, 2022.

With above modification and directions, the present criminal revision stands disposed of.

(Rajesh Kumar, J.) Shahid/