BALDEV SINGH Vs. KULWANT KAUR

JUDGEMENT

(1.) BALDEV Singh petitioner was married to Kulwant Kaur in the year 1981. This couple has a minor daughter Jasbir Kaur. An application under Section 125 of the Code of Criminal Procedure was made claiming maintenance for Kulwant Kaur as well as Jasbir Kaur on 11-2-1988. It was contested by the husband. After recording evidence,Judicial Magistrate Ist Class, Kapurthala, by order dated 18-10-1989 allowed maintenance at the rate of Rs. 250/- per month to the wife and at the rate of Rs. 125/- per month to the daughter from the date of the order. The husband filed a revision petition against the said order. The wife also filed a revision petition claiming maintenance at enhanced rates as also for making the order effective from the date of main petition itself. By order dated 24-4-1990, the learned Additional Sessions Judge dismissed the husband's revision petition and allowed the revision petition filed by the wife to the extent that the order was made effective from the date of the main petition. The husband has come up in the present revision petition.

(2.) THE main contention of Shri G.S. Gill, learned counsel for the petitioner is that there was no compelling reason for making the order effective from the date of application under Section 125. His further grievance is that in the absence of any indication in the order passed by the learned Additional Sessions Judge interim maintenance paid for the period in between the date of the application under Section 125 and passing of the order will not be adjusted.