LAWS(ALL)-1999-7-50

KOMAL Vs. STATE OF U P

Decided On July 13, 1999
KOMAL Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) B. K. Rathi, J. Heard Sri R. K. Gupta, learned counsel for the revisionist and the A. G. A. None is present for op posite parties No. 2 and 3.

(2.) THIS revision under Section 397/401, Cr. P. C. has been filed against the order dated 17-6-97 passed by the IInd Judicial Magistrate, Mahpba under Sec tion 125, Cr. P. C. by which he awarded maintenance of Rs. 300 per month to op posite party No. 2 and Rs. 200 per month to opposite party No. 3 from the date of the application.

(3.) THE other contention of the learned counsel for the applicant is that the amount has been awarded from the date of application. It is contended that a huge arrears of maintenance have become due, which he had no means to pay. Con sidering the facts I accept this contention and modify the order only to the extent that the amount of maintenance shall be payable from the date of the order of the trial Court.