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2020 Supreme(Bom) 458

BHARATI DANGRE
Sarita Shiv Agarwal – Appellant
Versus
Shiv Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.K. Shah with Shradha Shah.
For the Respondent: Mr. Anand Pande i/b Kaushik Mhatre, Mr. A.B. Kadam, AGP.

JUDGMENT :

1. The petitioner wife has challenged the order dated 7th September 2017 passed by the Judge, Family Court, Mumbai on a singular count being that the interim maintenance that has been awarded by the said order is directed to be paid from the date of passing of the order. Learned counsel for the petitioner raises a serious discontent to the maintenance being paid from 7th September 2017 and he would submit that the application on which the order has been passed has been filed on 6th June 2014. The said application being an application under Section 24 of the Hindu Marriage Act, 1955 in the proceedings for divorce in Petition No. A-30/2014 initiated by the husband seeking dissolution of the marriage solemnized in the year 1999.

2. The Application filed under Section 24 seeking interim maintenance contain an averment that the applicant is the housewife and do not have any independent source of income. She had also stated that her Income Tax returns were filed by her husband. The maintenance has been claimed to the tune of Rs. One Lakh for the applicant wife and Rs.50,000/- per month for the two children who at the relevant time, were aged 11 and 14 years. An averment is found

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