MOHAMMAD TAHIR Vs. STATE

JUDGEMENT

(1.) This petition u/s. 397/401 Criminal Procedure Code r/w. S. 482 Criminal Procedure Code is directed against the judgment and order dated 12/3/1998 passed by Sh. R.K. Yadav, ASJ, Shahdara holding that the order of maintenance u/s. 125 Criminal Procedure Code in favour of respondent No.2 would operate from the date of the application.

(2.) Smt. Yasmin (respondent No.2) and Master Shahbaz, minor through her mother, filed a petition u/s. 125 Criminal Procedure Code against the petitioner for grant of maintenance. It was alleged that respondent No.2. was married to the petitioneron 28/3/1989 as per muslim rites and ceremonies. Respondent No.3 was born out of the said wed-lock. The petitioner mal-treated the respondent, No.2 for bringing less dowry. She was deserted and was forced to live with her parents.

(3.) Petitioner refused to take her back. It was stated that petitioner was working in the MCD. Respondent No.2 was un-educated and was not be able to maintain herself and her child. Petitioner filed reply stating that she had deserted the petitioner of her own choice and was not entitled to give maintenance. By order dated 17/12/1996 trial court directed the petitioner to pay Rs.400.00 per month to respondent No.2 and Rs.250.00 per month to respondent No.3 towards maintenance, from the date of the order Respondents herein filed a revision petition praying therein that the maintenance should have been granted from the date of the application and not from the date of the order. Learned Additional. Sessions Judge taking into consideration the fact that respondent No. 2 was not responsible for the delay of disposal of the maintenance application, allowed the revision petition and ordered that the order of maintenance would operate from the date of the application i.e. from 24/4/1991 subject to the adjustment of any interim maintenance paid by the petitioner to the respondent. The order by the Ld. Additional. Sessions Judge has been challenged by the petitioner.