DALENDRA KANOJE Vs. REENA KANOJE

JUDGEMENT

(1.) The short question in the present petition is that whether the learned Judicial Magistrate is justified in granting the respondent/wife the amount of maintenance under Section 125 (1) of CrPC from the date of the application i.e. 11.11.2013.

(2.) In the maintenance proceeding initiated by the respondent/wife under Section 125 of CrPC against the petitioner/husband, the learned Trial Magistrate granted maintenance of Rs.5,000/- per month to the respondent/wife from the date of the application i.e. 11.11.2013. Being aggrieved, the petitioner/husband called in question the order dated 15.07.2016 before the Revisional Court and the Revisional Court dismissed the revision finding no merit and held that the maintenance has rightly been granted to the wife from the date of the application i.e. 11.11.2013 and upheld the order on merit also, which has been called in question in the present petition.

(3.) Mr. Paranjpe, learned counsel for the petitioner/husband, would submit that both the Courts below are absolutely unjustified in granting maintenance to the respondent/wife from the date of the application i.e. 11.11.2013 and the respondent/wife should have been granted the maintenance from the date of the order i.e. 15.07.2016, therefore, the order of maintenance be modified and the respondent/wife be given maintenance from the date of the order i.e. 15.07.2016 instead of date of the application i.e. 11.11.2013, which has been opposed by Mr. Mishra, learned counsel for the respondent/wife, and he further submits that it has rightly been granted by the learned Magistrate from the date of the application.