ARUN KUMAR Vs. KAMLESH KUMARI

JUDGEMENT

(1.) KAMLESH Kumari respondent was awarded maintenance under section 125, Criminal Procedure Code, by the Additional Chief Judicial Magistrate, Faridabad, vide his order dated May 28, 1987, from February 1, 1987. In a revision filed by her the Additional Sessions Judge, Faridabad, vide his order dated December 3, 1987, ordered that the maintenance shall be awarded from the date of Application i.e. September 17, 1982.

(2.) THE learned counsel for the petitioner has submitted that according to section 125(2), Cr.P.C., the award of maintenance is to be payable from the date of order and the learned Additional Sessions Judge was not justified in ordering that it should be from the date of application. The learned Additional Sessions Judge has not given any reason why he altered the date of award of maintenance from the date of order (in this case payable from February 1, 1987) to the date of application i e. September 17, 1982. Ordinarily, the maintenance is to be ordered from the date of the passing of the order and when there are circumstances justifying it can be ordered from the date of application also. I do not find in the order of the Additional Sessions Judge any justification to change the date i.e. from the date of order to the date of application. The learned Additional Sessions Judge has not taken the correct view. In this view of the matter, the order of the Addl. Sessions Judge ordering that the maintenance shall be payable from the date of application is set aside and the order of the Additional Chief Judicial Magistrate dated May 28, 1987, directing that the maintenance shall be payable from February 1, 1987, is restored. This revision petition is consequently allowed.