S VIJAYA Vs. S DHARMARAJU

JUDGEMENT

(1.) This revision is filed against the orders dated 20-9-1996 in Crl.M.P.No. 1137 of 1996 in M.C.No. 30/94 on the file of the IV Addl. Judicial Magistrate of First Class, Kakinada.

(2.) The petitioners filed a petition under Section 128, Cr.P.C. for implementation of orders passed in M.C.No. 30/94 stating that the Court granted maintenance to the petitioners @ Rs. 500/- to each of them directing the respondent to pay the same from the date of petition and the respondent failed to pay the same amount from 27-6-1994 to 27-3-1996 and thus the arrears accumulated to the tune of Rs. 31,500/- payable by him and thus sought for issuance of the distress warrant against the respondent for realisation of the amount.

(3.) But the learned Magistrate passed orders stating that the order Dt. 22-1-1996 granting maintenance at the rate of Rs. 500/- to each of the petitioners did not contain from which date the petitioners are entitled either from the date of the order or from the date of application and under Section 125 (2), Cr.P.C. Such maintenance allowance shall be payable from the date of order or if so ordered from the date of application for maintenance, and hence, held that the respondent is liable to pay from the date of the order.