SAMAYDIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned Counsel for the applicant and learned A.G.A., Sri Anoop Ghosh and have perused both the orders also.

(2.) The order of the learned Judicial Magistrate granting maintenance of Rs. 500.00 to the respondent from the date of the application has been modified by the learned IX Additional Sessions Judge, Bulandshahr, only to the extent of reducing the amount from Rs. 500.00 to Rs. 400.00.

(3.) On examination of both the judgments, I do not find any serious infirmity in them nor any such infirmity was pointed out on behalf of the applicant. It is only urged that maintenance amount should be fixed from the date of the order as the law normally requires. If the Court intends to grant maintenance from the date of application Court must record its reasons for doing so. The contention has some force. Sub-sec. (2) of S. 125, Cr. P.C. spells as under :"