Report No. 98

Chapter 4

Interim Maintenance: The Effective Date

4.1. The effective date.-

Arising out of sections 24 and 26 of the Hindu Marriage Act is another question relating to the date from which interim maintenance can be granted by the court. Can such maintenance be granted from the, date of the service of summons on the main petition? Or, can it be granted only from the date of the application for interim relief (where such an application is made)? Or, should it be operative only from the date of the order for interim relief. Sections 24 and 26 of the Hindu Marriage Act are silent in this regard and do not bind down the court to a specific date. However, there is some uncertainty in this respect as will be evident from the case law summarised in the paragraphs that follow.