VANKAR MANIBHAI DHULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.H.K.Patel, learned Additional Public Prosecutor for respondent No.1-State and Mr.Dharmesh Patel, learned advocate for respondent No.2 - first informant appear and waive service of notice of rule on behalf of the respective respondents.

(2.) The facts of the case as mentioned in the memo of application are as under:

(3.) Learned advocate for the petitioner has submitted that learned Judge has erred in awarding the enhanced maintenance from the date of application. He has submitted that as per the settled law alteration of allowance can be made from the date of the order and not from the date of application. Reliance was placed upon the judgements reported in 1958 Cr.LJ. 1522, 1982 Cr.LJ. 1081, 1994 Cr.LJ.2234, 2002 Cr.LJ.2894 and 1998 Cr.LJ. 1922.