Father of the minor child is the revision petitioner challenging the order dated 28.04.2006, passed in I.A.No.38 of 2005 in H.M.O.P.No.56 of 2004 on the file of Sub-ordinate Judge, Vellore.
2.H.M.O.P.No.56 of 2004 has filed by the revision petitioner herein for divorce on the ground of cruelty and dispose of pending in H.M.O.P.No.56 of 2004 in I.A.No.38 of 2005. I.A.No.38 of 2005 is filed by the respondent/wife seeking interim maintenance for her minor son only. The said petition was filed on 10.03.2005. The matter was contested by the parties and by order dated 28.04.2006, the Court below granted the minor child a sum of Rs.1000/- per month as maintenance. The amount was directed to be paid from the date, when the respondent/wife entered her appearance in the Family Court at Chennai.
3.The grievance of the revision petitioner/husband is that the maintenance should have been granted only from the date of application filed by the respondent/wife and not from the date on which she entered her appearance in the H.M.O.P. Section 24 of the Hindu Marriage Act provides for maintenance pending litigation. The said relief can be granted only on an application filed by wife or husband as against may be.
4.Respondent has been served and is represented by counsel. However, there is no appearance to day. In this case the application for maintenance was filed on 10.03.2005. The Court below granted interim maintenance from 27.01.2003, the date on which the respondent/wife is supposed to have entered her appearance in the original petition. The plea of the husband is that the relief cannot exceed the prayer sought for. In this case the order has been passed beyond the prayer in the application.
5.On 11.08.2006, at the time of admission, this Court passed the following order:-
"Subject to the petitioner pays the entire amount of arrears of maintenance ordered in favour of the minor child from 10.03.2005 within a period of 8 weeks from today and continue to pay the maintenance, the remaining order directing to pay from the date on which the mother of the minor child is entered appearance on 27.1.2003 till 10.3.2005 is stayed. Notice."
Learned counsel for the revision petitioner states that the interim order has been complied.
6.The relief sought for in the I.A.No.38 of 2005 is based on the application dated 10.3.2005 and therefore, the relief if any, can be granted only from that date. There is no prayer for grant of maintenance for the earlier period. In view of the above, the Court below ought not to have passed the order for maintenance for the period prior to the date of application.
7.In the result, the order of the court below stands modified and the revision petitioner is liable to pay the maintenance on and from 10.3.2005 and if any, amount is still due it shall be paid forthwith. It is made clear that the revision petitioner is not liable to make any payment for the period from 27.1.2003 to 9.3.2005. The Civil Revision Petition is disposed off accordingly. Consequently, connected miscellaneous petition is closed. There will be no order as to costs.
vsm