TANUSHRI DAS ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The wife/petitioner challenged an order passed in connection with a proceeding under Section 125 of the Code of Criminal Procedure on the ground that the maintenance was granted to her from the date of the order not from the date of making the application.

(2.) Mr. Kishore Mukherjee, the learned Counsel appearing on behalf of the petitioner/wife submitted before this Court that the application for maintenance was filed as on July 27, 2007 but in spite of receipt of the summons the husband/opposite party did not appear in the Court till February, 2008 and thereafter final order was passed on September 15, 2008. He further submitted that together with the application for maintenance the petitioner/wife has also filed an application for interim maintenance, and thus she is entitled to maintenance from the date of the application.

(3.) Heard the learned Advocate appearing on behalf of the petitioner. Perused the impugned order and other materials on record.