SANJEETA SHARMA W/O SHRI SUBODH SHARMA D/O SHRI CHAND PRAKASH Vs. SUBODH SHARMA S/O SHRI SATYAVEER SHARMA

JUDGEMENT

(1.) BOTH these revisions are directed against the order dated 20.10.2009, passed by Principal Judge, Family Court, in case No. 181 of 2005, whereby said court has directed the husband (Subodh Sharma) to pay maintenance at the rate of Rs. 3,500/ - (three thousand five hundred) per month to the wife (Sanjeeta Sharma) under Section 125 of Cr.P.C. from the date of order.

(2.) HEARD learned Counsel for the parties. The parties to the matrimony are also present in person. Brief facts of the case are that Sanjeeta Sharma got married to Subodh Sharma on 29.04.2004, at Dehradun. However, after the marriage, their relations soured. Sanjeeta Sharma (wife) filed a petition under Section 13 of Hindu Marriage Act, 1955, for decree of divorce which was decreed on 24.07.2009. Meanwhile, it appears that she had filed criminal misc. case No. 181 of 2005, for maintenance under Section 125 of Cr.P.C. The trial court (after decree of divorce had been passed) called the parties, made reconciliation efforts and passed the following consented order -;

(3.) PERUSAL of the above order clearly shows that the said order was passed by the trial court after taking consent from the counsel of the parties. The only point pressed before this Court on behalf of the wife is that though the amount of Rs. 3,500/ - per month (three thousand five hundred) was agreed upon but she has not consented that the same be paid from the date of order. Her case is that she was entitled to maintenance from the date of application. On the other hand, the husband (Subodh Sharma) has pleaded that he had not consented to make the payment as observed by the trial court.