KUNI NAYAK Vs. PRABHAKAR NAYAK

JUDGEMENT

(1.) Petitioner lodged a claim under Sec. 125 of the Code of Criminal Procedure, 1973 (in short, the 'Code') before the learned Judicial Magistrate First Class, Aska (in short, 'JMFC claiming maintenance @ Rs. 500.00 per month for the opp.party, inter alia on the ground that though the latter had sufficient means he was neglecting to maintain her who was unable to maintain herself. The opp. party admitted married but denied charged of cruelty and other allegations relating to claim of dowry and neglect in maintaining her.

(2.) Learned JMFC granted maintenance @ Rs. 400.00 per month form the date of institution of claim. In appeal, learned Ist Addl. Session Judge, Ganjam, Barhampur maintained entitlement of petitioner, but reduced quantum to Rs. 200./- and further directed that maintenance was payable from the date of order of original court i.e. 25-1-1991. There was further direction that arrear maintenance was to be recovered @ Rs. 50.00 over and above current maintenance.

(3.) According to Mr. A.K. Choudhury, learned counsel for petitioner, learned JMFC had elaborately dealt with facts of the case and there was no material before appellate court to interfere with quantum awarded. It is further submitted that award should have been made payable form the date of application and not from the date of order by learned JMFC. Learned counsel for opp. party on the other hand submitted that considering quantum of salary received by opp. party, the quantum as fixed by lower appellate Court is in order. So far as date aspect is concerned, it is his case that learned lower appellate court has rightly held it to be payable form the date of order of lower court.