By means of this writ petition the petitioner has come up to this Court against the order passed under Section 24 of the Hindu Marriage Act (in short the Act) allowing maintenance to the wife in a suit for restitution of conjugal rights under Section 9 of the Act filed by the husband.
The grievance raised by the petitioner is that the maintenance has been allowed from the date of filing of the application and not from the date of the order. It is submitted that the petitioner is merely a labour in MANREGA and does not have any income, without consideration of which the said order has been passed and that too from the date of filing of the application.
The matter requires consideration.
Issue notice to the respondent returnable at an early date, who may file counter affidavit within one month.
Learned counsel for the petitioner will take steps for service of notice upon the respondent within a week.
List after service of notice.
Till the next date of listing, the operation of the order dated 2.8.2014 passed under Section 24 of the Act is modified to the extent that the respondents would be entitled for payment of maintenance as directed by the court below from the date of the order.
Order Date :- 25.9.2014 SKM