MANJULA DAS Vs. BIBEKANANDA DAS

JUDGEMENT

(1.) THE petitioner instituted, as 1st Party, a proceeding, under Section 125 Cr.P.C., seeking monthly allowance from the opposite party herein, for maintenance of her ownself as the wife of opposite party herein and also for her minor child on the ground that the said child was borne to her out of her wedlock with the opposite party. This proceeding gave rise to Misc. Case No. 11/2004. The proceeding was contested by the opposite party herein, as second party, by filing his written statement. In support of their respective cases, both the parties adduced evidence by examining three witnesses each, whereupon the learned Additional Chief Judicial Magistrate, Sonitpur, Tezpur, passed an order, on 30.9.2005, directing the opposite party herein to pay Rs. 1,000 per month as maintenance allowance to the 1st Party and Rs. 500 per month as maintenance to the minor child aforementioned with further direction that the order for maintenance, so given, shall come into force with effect from the date of passing of the order, i.e., 30.9.2005.

(2.) AGGRIEVED by the order, dated 30.9.2005, aforesaid, the 1st party has filed this revision, her grievance being that in the facts and circumstances of the present case, the learned court below ought to have granted maintenance allowance from the date of making of the application for maintenance rather than from the date of making of the order for maintenance.

(3.) WHILE considering the present revision, what needs to be noted is that it is Sub -section (2) of Section 125 Cr.P.C., which contains the provisions with regards to the date on which an order for maintenance may become effective. It is, therefore, necessary to closely examine Section 125(2). Sub -section (2) of Section 125 read thus, 'Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.'