RAMAYEE Vs. GOVIDASAMY

JUDGEMENT

(1.) This Revision challenges the order passed under Section 125, Cr.P.C. granting maintenance to the Petitioners. The Court below directed payment of maintenance by the Respondent/husband to the Petitioners herein, who are respectively his wife and child, to the tune of Rs. 750 each per month and also a sum of Rs. 1,500 per annum to each of them towards clothing/education/medical needs, from the date of the order, i.e. 6.9.2008. The Petition seeking maintenance in M.C. No. 12 of 2005 on the file of the Judicial Magistrate Court, Tiruttani, was moved on 12.12.2005.

(2.) Heard the learned Counsel on either side and perused the materials placed on record.

(3.) The learned Counsel appearing for the Petitioners submitted that the Court below was wrong in ordering payment of maintenance from the date of the order and that the same ought to have been ordered from the date of Petition. In support of such contention, the learned Counsel relied upon a decision of the Supreme Court in Shail Kumari Devi v. Krishnan Bhagwan Pathak, 2008 2 DMC 363.