DEVENDRA BAGHEL Vs. SINDHU BAGHEL

JUDGEMENT

(1.) This revision is filed challenging the order dtd. 29/8/2023 passed by learned Judge, Family Court, Rajnandgaon in Miscellaneous Criminal Case No.77/2021 whereby learned Family Court has allowed the application under Sec. 125 of Cr.P.C. filed by non-applicant/wife and awarded maintenance of Rs.10,000.00 per month in her favour from the date of application and further ordered that amount of maintenance already paid would be adjustable.

(2.) Learned counsel for the applicant would submit that though the applicant has raised multiple grounds in this criminal revision, however, this revision is being pressed only on the ground that learned Family Court erred in awarding the amount of maintenance from the date of application under Sec. 125 of Cr.P.C. instead from the date of order. He submits that the application is filed on 23/3/2021 whereas the final order was passed on 29/8/2023 and, therefore, the delay in passing the final order cannot be attributed to the applicant. The applicant will suffer adversely if he is directed to pay arrears of the amount in lump-sum. In alternate, learned counsel for the applicant also submits that if this Court comes to the conclusion that amount of maintenance can be awarded from the date of application then the applicant may be granted suitable time to pay arrears of the amount of maintenance in installments.

(3.) Learned counsel for the non-applicant opposes the submission of learned counsel for the applicant and would submit that learned Court below has passed the impugned order awarding maintenance from the date of application as the non-applicant has filed an application for maintenance for the reason that she was not having any source of income to maintain herself on the date of filing of application. Therefore, learned Family Court has not committed any error in passing the impugned order.