In a significant relief for a woman fighting for support, the Allahabad High Court has modified a Family Court order and directed that interim maintenance be paid from the date of the application itself, not from the date of the order. The ruling came in the case of Sonam Yadav vs State of U.P. & Another, decided by Justice Rajiv Lochan Shukla.
Background of the Case
Sonam Yadav had filed for maintenance under Section 125 Cr.P.C. in 2023. Later, on 05 August 2024, she moved an application seeking interim maintenance while the main case was still pending.
The Family Court, Kaushambi granted interim maintenance but only from the date of the order (03 April 2025), not the date of application. This became the key reason for the revision plea before the High Court.
Court’s Observation
The High Court noted delays in deciding maintenance applications, sometimes stretching “for years altogether,” leaving applicants struggling for basic survival. The bench relied on the Supreme Court ruling in Rajnesh vs Neha (2021), which encourages courts to grant maintenance from the date of filing.
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Justice Shukla observed that interim relief cannot lose purpose due to procedural delays. The judge stated:
“Permitting a woman to live in penury while her application for interim maintenance is decided cannot be the intent of the law.”
The court emphasized that both interim and final maintenance fall under the same principle and should not be treated differently when determining the start date.
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Decision
The High Court allowed the application and modified the Family Court’s order, directing that the maintenance must be paid from 05 August 2024, the date on which the interim request was first filed.
“The Principal Judge ought to have granted interim maintenance from the date of the application itself.”
The judgment concludes with a clear direction to implement the revised timeline.
Case Title: Sonam Yadav vs State of U.P. & Another
Case Number: Application No. 23035 of 2025
