IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.501 of 2007 SMT. ARCHANA KUMARI @ ARCHANA GUPTA @ JULI Versus MANOJ KUMAR GUPTA ----------- 5 27.8.2008 I.A. No. 1515 of 2007 Having regard to the facts mentioned in this application, the delay in filing of the civil revision application is hereby condoned. C.R. No. 501 of 2007 Having heard Counsel for the petitioner on merits, this Court would find that there is no reason to interfere with the impugned order inasmuch as the Court below has granted a sum of Rs. 5,250/- per month by way of monthly maintenance and Rs. 15,000/- by way of cost of litigation. The grievance of the petitioner as with regard to the payment from the date of the filing of the application under Section 24 of the Hindu Marriage Act and not from the institution of the matrimonial case by the husband of the petitioner, is to be only noticed for its being rejected. There is no mandatory requirement in law that in each and every case, such maintenance pendent elite under Section 24 of Hindu Marriage Act be paid from the date of the institution of the matrimonial case. Infact direction of such payment depends on the facts and circumstances of each case and therefore, if the Court below having 2 considered the case of the petitioner has directed for payment of such maintenance from the date of filing of the application by the petitioner, such order cannot be said to vitiated by any jurisdictional error. In that view of the matter, this application being devoid of any merit is hereby dismissed. Rsh (Mihir Kumar Jha, J.)