DURG VIJAI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) HEARD .

(2.) THE present criminal revision has been filed against the order passed by the learned Judge, Family Court, Azamgarh whereby awarding the maintenance allowance to the tune of Rs.500/- per month to the wife from the date of the filing of the application.

(3.) DURING the course of arguments the learned counsel for the revisionist emphasized on the point that award of maintenance has been granted from the date of the application and the learned Judge has not given any reason for the same and that the grounds taken in the revision are general in nature and no specific ground has been taken assailing the order passed by the learned Judge. In this regard it is contended on behalf of the learned counsel for the revisionist that the learned lower court while awarding the maintenance allowance from the date of application ought to have recorded reasons therefor. He relied upon a ruling of this Court laid down in the case of Raju vs. State of U.P. and others, reported in [2010 (69) ACC 467] wherein the learned Judge has allowed the applilcation under section 125 Cr.P.C. and directed the revisionist to pay Rs.500/- as maintenance allowance from the date of application; no reasons recorded by Magistrate as to under what circumstances the maintenance allowance is being ordered to be paid from the date of application though the learned Magistrate should have allowed the maintenance from the date of its order. In yet another ruling laid down in the case of Masood Ahmad Khan @ Afaq v. State of U.P. and another, reported in [2010 (69) ACC 1022] this High Court has held that the learned lower court allowed Rs.5000/- per month as maintenance allowance from the date of the application; order modified to the extent that the date of payment of maintenance shall be 1.1.2005 instead of 24.8.2002. In this case the Hon'ble High Court has relied upon the judgment of Apex Court rendered in the case of Shail Kumari Devi and another v. Krishan Bhagwan Pathak @ Kishun B. Pathak wherein the Apex Court has held as under: