LAWS(BOM)-2013-12-96

SHAIKH SIRAJ SHAIKH BURHANODDIN Vs. SHAIKH FARZANA BEGUM

Decided On December 10, 2013
Shaikh Siraj Shaikh Burhanoddin Appellant
V/S
Shaikh Farzana Begum Respondents

JUDGEMENT

(1.) By consent, Rule is made returnable forthwith. By consent, heard finally.

(2.) The challenge in this Writ Petition is to an interim order of maintenance passed by the Magistrate under the provisions of Section 125 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), directing the petitioner herein to pay maintenance to the respondents herein.

(3.) In the course of the arguments, the learned counsel for the petitioner submitted that the maintenance has wrongly been made payable from the date of the original application, whereas the same should have been made payable from the date of the application for interim maintenance. It is not in dispute that the application for maintenance was filed by the respondents herein on 02.05.2011. It is also not in dispute that the application (Exhibit 32) for interim maintenance, on which the impugned order came to be passed, was made on 10.09.2012. The impugned order granting interim maintenance directs that it shall be paid from the date of the filing of the main application i.e. 02.05.2011.