RAKESH KUMAR MAHENDRA Vs. SMT. DEVKI MAHENDRA

JUDGEMENT

(1.) BY way of this Criminal Revision, the judgment and order dated 9.5.2008, passed by the Principal Judge, Family Court, Dehradun has been assailed. The said judgment was passed in case No. 446/2002, Smt. Devki Mahendra v. Rakesh Kumar Mahendra, claiming maintenance under Section 125 Code of Criminal Procedure.

(2.) HAVING heard the learned Counsel for the parties, it appears that Smt. Devki was wedded with Rakesh Kumar Mahendra on 28.11.1996 as per Hindu customs and rituals. After passing of a couple of years blissfully, differences cropped up between them, and Smt. Devki started living separately. It is also pertinent to mention that both the parties were divorcees from their respective earlier counterparts before their marriage was solemnized.

(3.) THE sole contention put forth by the learned Counsel for the revisionist is that the court below has committed an error by awarding the maintenance with effect from the date of moving the application, while as per the provisions of Section 125 Code of Criminal Procedure, it ought to have been awarded with effect from the date of order. Fortiori, it has also been contended that this petition was pleaded so reluctantly by the Respondent that the same was permitted to be dismissed in default on 11.9.2003, and it could be restored for hearing on merits on 3.8.2005 i.e. almost after little bit less than two years. So, Smt. Devki should not be permitted to claim the maintenance for at least this two years' period.