The court ruled that maintenance under the Hindu Marriage Act should be awarded from the date of filing the application to prevent financial hardship for dependents during proceedings.

JUDGMENT :

MRUGANKA SEKHAR SAHOO, J.

1. The matter has been listed for hearing under the heading ‘For Admission. The learned counsel for the parties are heard at length.

2. The petitioner-wife is before this Court partly challenging the order dated 06.07.2023 passed by the learned Judge, Family Court, Bhubaneswar in I.A. No.06 of 2021 arising out of C.P. No.55 of 2021. The said CP was filed by the petitioner-wife seeking decree of divorce under Section 13 of the Hindu Marriage Act, 1955. During pendency of the petition, the I.A. was filed seeking maintenance under Section 24 of the Hindu Marriage Act, 1955 which was favoured and order was passed, which is challenged herein.

3. It is submitted by the learned counsel for the petitioner that in all fairness, the learned Family Court should have granted the maintenance with effect from filing of the petition under Section 24 of Hindu Marriage Act and not from the date of passing of the order as has been done in this case.

It is further submitted that the petitioner also wants enhancement of the maintenance.

4. As was noted by order 12.01.2026, C.P. No.55 of 2021 was dismissed for non-prosecution by order dated 19.08.2025. Therefore, it was contended by the learned counsel for the opposite party that I.A. does not survive before the learned Judge, Family Court. Accordingly, the present writ application being a challenge to the order passed in the I.A. would also not survive.

5. Thereafter, the petitioner-wife in the marriage before the learned Family Court filed CMA No.98 of 2025 arising out of the C.P. No.55 of 2021 under Order 9 Rule 13 of Code of Civil Procedure, 1908 for restoration of the C.P. The CMA was contested by the husband in the marriage. However, by order dated 21.03.2026, the CMA has been favoured with the following direction:

“For the interest of justice and for proper adjudication of the matter in controversy, the petition filed for restoration of Civil Proceeding No.55 of 2021 to its stage by setting aside order dated 19.08.2025 deserves merit and as such, the same is allowed. Accordingly, order dated 19.08.2025 is set aside and the Civil Proceeding No.55 of 2021 is restored to file, but in the circumstances without any cost.”

6. True copy of the order dated 21.03.2026 in CMA No.98 of 2023 received by the petitioner herein from the Family Court, Bhubaneswar was produced by the learned counsel for the petitioner. Photocopy of the said true copy is also filed before this Court along with memo of date. True copy received from the Family Court is returned to the learned counsel retaining the memo along with the photocopy.

7. Now in view of the restoration of the proceeding C.P. No.55 of 2021, in considered view of this Court all the orders passed in the said C.P. by the learned Family Court also are restored.

The present writ application has to be proceeded with as it arises out of the said C.P.

The question of law raised in the writ application is on grant of maintenance pendente lite under Section 24 of Hindu Marriage Act during pendency of an application under Section 13 of Hindu Marriage Act what would be the date with effect from which the maintenance is to be paid by the spouse who is to pay.

8. The said question has been authoritatively dealt with and answered by the Hon’ble Apex Court in the judgment, Rajnesh v. Neha and another (2021)2 SCC 324 : 2020 INSC 631 . The relevant paragraphs dealing with the said question wherein the Apex Court have quoted with approval several judgments rendered by various High Court including the Orissa High Court,