DHARMENDRA KUMAR GUPTA Vs. CHANDRA PRABHA DEVI

JUDGEMENT

(1.) In this criminal revision the only point requiring determination is whether in awarding maintenance to wife under S.125, Cr. P.C. from the date of application, reason for order making maintenance payable from the date of application is necessary.

(2.) Facts giving rise to this revision are that parties were married in February 1982. Their relations became estranged. On 17th July, 1984 wife moved application for maintenance before the Magistrate under S.125, Cr. P.C. alleging cruelty and desertion by the husband. This application was contested by the husband who made counter allegations of cruelty and desertion. He denied allegations of the wife learned Magistrate recorded the evidence of the parties. He upheld the case of wife and awarded maintenance of Rs. 250/- per month to wife and directed that the maintenance would be payable from the date of decision. Against this wife preferred revision before the Sessions Judge and contended that the maintenance should be made payable from the date of her application. Learned Addl. Sessions Judge disposing of the revision held : "It is settled principle of law that the amount of maintenance shall be directed to be paid from the date of application and not from the date of order. If any interim maintenance was ordered, it was adjustable towards the amount of maintenance granted in favour of the wife but the learned Magistrate could not have ordered that the revisionist is entitled to maintenance from the date of decision. If it transpired to the learned Magistrate that the revisionist earned some money during the pendency of the application under Section 125, Cr. P.C. learned Magistrate could have curtailed the amount of maintenance but in the instant case there is nothing on record like this, hence condition fixed by the learned Magistrate in the order that the maintenance shall be started to be paid from the date of decision is illegal and is not maintainable."

(3.) With above reasons learned Addl. Sessions Judge allowed the revision. He modified the order of the Magistrate and declared the maintenance payable to wife from the date of application.