HARISH CHANDRA YADAV Vs. USHA

JUDGEMENT

(1.) HEARD Sri Rajesh Kumar holding brief of Sri Haridwar Singh, learned counsel for the revisionist. None responded for opposite party.

(2.) THIS criminal revision by Harish Chandra Yadav has been preferred against the judgment and order dated 2-7-2003, passed by the learned judge Family Court, Azamgarh in Case No. 170 of 1998, Usha v. Harish Chandra Yadav, whereby the learned Judge directed the revisionist by allowing application of opposite party Usha under section 125 Cr.P.C. to pay Rs. 800/- per month as maintenance to opposite party from the date of presenting application for maintenance i.e. 19-12-1998.

(3.) IT has been held in the case of Basant Lal v. State of U.P., 1995(3) RCR(Criminal) 722 : 1996 Criminal Law Journal 69 : (1995 All LJ 1612) Allahabad that the provisions of Section 125 (2) Cr.P.C. being not mandatory maintenance can be granted from the date of application. If the claim of maintenance is denied from the date of application then court should record reasons for not granting maintenance from the date of application.