DEEPA ALIAS GOPI Vs. NAND KISHORE

JUDGEMENT

(1.) THIS revision under section 397/401 of the Code of Criminal Procedure is directed against the order dated 24.9.1993, passed by Illrd Additional Sessions Judge, Bhopal. in Criminal Revision No. 172/93, arising out of the order dated 4.5.1993. passed by the Judicial Magistrate, First Class, Bhopal, in MJC No. 41/87.

(2.) THE learned Magistrate granted maintenance to the applicant at the rate of Rs. 500/ per month from the date of filing of the application under section 125 of the Code of Criminal Procedure, that is to say, 17.2.1986. The learned Additional Sessions Judge has reversed the order of the learned trial Magistrate on the ground that the trial Magistrate has not given any reason for granting maintenance from the date of filing of the application. It is apparent that the right to maintenance accrues when a wife is deserted.

(3.) IT is well established that the normal rule is that maintenance should be granted from the date of order and in certain cases, the Magistrate may order from the date of filing of the application for maintenance. It is clear from the facts of this case on record that the applicant had filed the application on 17.2.1986. The final order for grant of maintenance was passed on 4.5.1993. A considerable period had already elapsed during the course of legal proceedings and the applicant could not be blamed for the pendency of the case totally. In such circumstances, if the maintenance was granted from the date of filing of the application, the learned Additional Sessions Judge should not have set aside the order of the trial Magistrate on the technical ground that the Magistrate has not stated the reasons for doing so. The learned Additional Sessions Judge should have also considered if there were any valid reason for setting aside the order of Judicial Magistrate, First Class on merits, that he has not done.