JASWANT SINGH Vs. AJMER KAUR

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) read with Article 227 of toe Constitution of India, relates to quashment of impugned order dated 18-5-1989 Annexure P/1 passed by the Judicial Magistrate 1st Class, Sangrur whereby interim maintenance at the rate of Rs. 200/- per month was awarded to the wife in the proceedings under Section 125 of the Code from the date of application, i. e. 30-3-1988, as well as against the order of Additional Sessions Judge, Sangrur, dated 10-11-1981 Annexure P/2, whereby, the order of the trial Court was upheld.

(2.) BRIEF relevant facts for disposal of this petition are that the marriage between the parties was solemnised in the year 19s7 and no child was born out of their wedlock. The respondent had deserted her and she has been residing separately with her brothers.

(3.) THE learned counsel for the petitioner submitted that while granting the interim maintenance both the Courts below have erred in not taking into consideration about 20 Kanals of land owned and possessed by the wife in her parental village and secondly, the impugned order could only be passed from the date of the order of the trial Court, and, not from the date of application for grant of interim maintenance.