GURPARTAP SINGH Vs. SATWANT KAUR

JUDGEMENT

(1.) SATWANT Kaur (hereinafter referred to as wife) on her own behalf and on behalf of her minor daughter Pavitar Puneet, as her mother and natural guardian, filed application under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for grant of maintenance against her husband Gurpartap Singh, on the averments that she has no source of income of her own whereas her husband Gurpartap Singh who has owned considerable immovable property also earns Rs. 15000/- per month and that he has refused and neglected to maintain them. On similar grounds maintenance pendente lite was also prayed for.

(2.) THE husband in his reply admitted the relationship between the parties and pleaded that his wife has intentionally withdrawn from his company without any sufficient cause and she was not entitled to any maintenance. It was also pleaded that the wife has been earning Rs. 1000/- from stitching clothes and by engaging herself in knitting work and that she has sufficient income to maintain herself and her minor daughter.

(3.) ON the other hand, it was submitted on behalf of the wife and minor daughter that no special reasons are required to be given in case maintenance allowance is granted from the date of application. Reliance in this respect was placed on another Single Bench authority of this Court in Smt. Tripta v. Sat Parkash, 1985(2) Recent Criminal Reports 149 wherein it was observed that "it does not appear to be a correct proposition that Section 125 (2) has laid down that normally the allowance should be paid from the date of the order. A reading of this Section would show that it is discretionary with the trial court either to grant the allowance from the date of the order or from the date of application. There is no indication that if the maintenance is allowed from the date of the application, then some special reasons have to be given.