HARMINDER SINGH Vs. BABY DIKSHA AND ORS.

JUDGEMENT

(1.) INSTANT revision has been filed by petitioner -husband being aggrieved against the order dated 01.09.2014 passed by the Executing Court whereby the petitioner has been ordered to pay maintenance from the date of filing of the application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) IN brief, the facts relevant for disposal of the present petition are to the effect that respondent no. 1 -Baby Dikshi (daughter), respondent no. 2 -Baby Prabhnoor Kaur (daughter) and respondent no. 3 - Sonia (wife) filed petition under Section 125 of the Code and vide order dated 13.12.2013, the learned Judicial Magistrate Ist Class, Chandigarh granted the maintenance of Rs. 5,000/ - per month to respondent no. 3 -wife and Rs. 4,000/ - each to respondents no. 1 and 2 -daughters. The said order has attained finality. Thereafter, the respondents filed execution application under Section 128 of the Code wherein issue of interpretation of the order dated 13.12.2013 arose. The petitioner - husband raised a question that the order dated 13.12.2013 is applicable from the date of order, not from the date of filing of the application. It was urged before the Executing Court that the petitioner is only liable to pay maintenance from the date of the order dated 13.12.2013 which cannot be modified under Section 362 of the Code. The Executing Court, vide impugned order dated 01.09.2014, interpreted the order dated 13.12.2013 to the effect that payment of maintenance be made from the date of filing of the application, not from the order dated 13.12.2013. Hence, this revision.

(3.) THE short question that arises for consideration is whether the Executing Court has rightly interpreted the order dated 13.12.2013.