SHANTI BAI Vs. VISHWANATH

JUDGEMENT

(1.) 1991 JLJ 405. It appears that the learned Second Addl. Sessions Judge, Bilaspur in Criminal Revision No. 35/87 had ordered that the applicant Smt. Shanti Bai who was non -applicant in the revision petition was entitled to maintenance from the date of order i.e. 12.1.87 and not from the date of application i.e. 4.5.1979, for the only reason that in the order passed by J.M.F.C. Pendra Road, reasons had not been assigned for awarding the maintenance from the date of application. In my view the approach of the learned IInd Additional Sessions Judge, does not appear to be correct because simply for the absence of reasons given in the order for awarding the maintenance from the date of application it would not automatically follow that the maintenance should be awarded from the date of the order. The Revisional Court is obliged to scan the evidence on record to satisfy itself and supply the reasons in support of the Magistrate's order and the order impugned may not call for any interference. The Revisional Court has failed in this regard. For the aforesaid reasons I am inclined to allow the revision petition filed on behalf of the applicant Smt. Shanti Bai.

(2.) THE revision petition filed on behalf of Smt. Shanti Bai is allowed and the order dated 1.4.1988 passed in Criminal Revision No. 35/87 by IInd Additional Sessions Judge, Bilaspur, is set aside and the order dated 12.1.1987 passed in Misc. Cr. Case No. 1/81 by the J.M.F.C., Pendra Road, district Bilaspur awarding maintenance amount of Rs. 100/ - per month from the date of application i.e. 4.5.1979 is restored.