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2013 Supreme(P&H) 983

R.P.Nagrath
Prabhpreet Kaur – Appellant
Versus
Atamjeet Singh – Respondent


Advocates:
For the Petitioners:Mr. Sanjay Jain, Advocate.
For the Respondent:Ms. G.K. Daulat, Advocate.

JUDGMENT

Mr. R.P. Nagrath, J.:- The prayer in this petition is for modification of order passed by the District Judge, Family Court, Ambala for payment of interim maintenance to be effective from the date of filing of application for interim maintenance and not from the date of order.

2. The petition under Section 125 Cr.P.C. was instituted on 06.4.2011 before the Family Court and application for interim maintenance was disposed of on 19.09.2012. Petitioner No. 1 is the wife of respondent and petitioner No. 2 is the minor child born out of the wedlock. The lower Court fixed Rs. 10,000/- per month as interim maintenance to petitioner No. 1 and Rs. 5,000/- per month to petitioner No. 2, the minor child. The other ground taken in the revision was that the amount of interim maintenance awarded is quite on the lower side because the respondent was earning Rs. 94,714/- per month as salary whereas petitioner No. 1 is the household lady looking after the minor child.

3. However, learned counsel for the petitioner has confined his argument only to the extent that the interim maintenance may be made effective from the date of filing of the application instead of the date of order. In her app





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