MANMOHINI JINDAL Vs. TARSEM CHAND JINDAL

JUDGEMENT

(1.) THE only prayer made in this petition is that the petitioner, who is deserted wife of the respondent, should be granted maintenance allowance at the rate of Rs. 500/- per month as ordered by the Court below, from the date of filing of application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and not from the date of passing of the order.

(2.) VIDE order dated 11.12.1999, the learned Additional Sessions Judge granted maintenance to the petitioner at the rate of Rs. 500/- per month from the date of order passed by trial Court i.e. from 12.11.1998 and not from the date of filing the application by her i.e. from 29.9.1989.

(3.) THE petitioner challenged the said order in revision before the learned Additional Sessions Judge, Sangrur, who vide order dated 11.12.1999 (Annexure P-3) enhanced the amount of maintenance from Rs. 400/- to Rs. 500/- per month but ordered that the same will be payable to the petitioner from the date of order of the trial Court. For granting the maintenance from the date of order of trial Court, the learned Additional Sessions Judge recorded the following reasons :-