DASYAM ELIZABATH RANI Vs. DASYAM PRADEEP KUMAR

JUDGEMENT

(1.) - This Revision Case is directed against that part of the Order directing, the maintenance granted in favour of the petitioners to be paid from the date of the Order by the learned Judge, Family Court, Vijayawada, by his Order dated 28-10-1995 in M.C.No. 98 of 1995.

(2.) A short, but, an important point that might often crop up for adjudication, well neigh in every proceeding under Section 125 of the Criminal Procedure Code ("the Code" for brevity), as to whether the maintenance allowance shall be paid from the date of order or from the date of application, arises in this case for adjudication.

(3.) The factual matrix germane for effective adjudication of the point involved in this case may be stated thus :The Revision Petitioners, claiming to be the wife and the minor children respectively, initiated proceedings under Section 125 of the Code against the respondent claiming maintenance at the rate of Rs. 500.00 each from the date of petition, on the premise that the respondent being the husband of the first petitioner and father of petitioners 2 and 3, neglected and refused to maintain them after having addicted to bad vices and developed illicit intimacy with one Kalapala Bala of Pottipadu Village. It was further averred that he used to ill-treat the first petitioner and demand her to bring monies from her mother and used to spend his salary income for his luxuries, and that ultimately, he deserted the petitioners and started living with his concubine the said Bala, and that the petitioners were unable to maintain themselves.