Maintenance under 125

from the date of judgment 

@ Author

Now-a-days the propriety is that it could be from either date and just an Application of mind is more than enough to speak as in concerned courts final Judgment.


Looking at the presented brief it shows good ‘conduct’ of both spouse as in there is no hint from you that wife has subsequently filed and or orally adduced before Bench that she is entitled for a higher amount and nor you have defaulted with the interim award till date.


Reverting to your main worry I say what the Court may mention as operating part will also give its ‘reasoning’ if it is awarded from date of her application. Whereas same also stands as good judicial practice if the award is given from the date of Judgment i.e. ‘reasoning’ will be mentioned.


Hence, in sum the question is quite apprehensive but tricky to pre-judge without knowing the ‘reasoning’ as in given by concerned Court for either date effective award to be with and or from. You have to just wait to hear the same.

What is in the Judgment?

from the date of judgment or from the date of application?

It is depend on the court judgment but usessly court order from the date of application. There are so many rulling of the sc that the maintains should be from the date of application we can insist the court to order from the date of application.

Adv Kasrija

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