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Report No. 98

4.5. Maintenance in appeal.-

Similar controversy has arisen in regard to award of maintenance at the stage of appea1.1 In an Allahabad case, alimony pendente lite was claimed in appeal, and was allowed retrospectively from the date of filing of the appeal.2 But, according to a ruling of the Andhra Pradesh High Court,3 the order for interim maintenance cannot be made effective from the date earlier than service of the notice of appeal.

1. As to the appellate stage, see Harlochan Singh v. Mohinder Kaur, AIR 1963 Punj 249 (250).

2. Mahabir Prasad v. Push Pamala, 1970 All LI 1406.

3. Subba Rao v. Anasuyamma, AIR 1957 AP 170.



Sections 24 to 26 of the Hindu Marriage Act, 1955 - Orders for Interim Maintenance and Orders for the Maintenance of Children in Matrimonial Proceedings Back




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