BHUPINDER SINGH Vs. INDERJIT KAUR

JUDGEMENT

(1.) THIS is a revision petition against the order of the Judicial Magistrate Ist Class, Ludhiana, passed under Section 125 Cr.P.C. granting maintenance of Rs. 175/- per month to the wife-respondent.

(2.) APPARENTLY , the only ground urged before the Motion Bench was that the application under section 125 Cr.P.C. could not be granted by the learned Magistrate from the date it was made unless there were special circumstances justifying the same. It was rather urged that the normal rule was that maintenance was granted from the date of the order and not from the date of the application. Reliance was placed upon Kumari Lachhmani v. Ramu, 1983 All India Hindu Law Reporter, 252, to support the view. That was a case in which a: minor daughter had claimed maintenance from her father. The trial Magistrate had granted maintenance from the date of the application but on revision to the Court of Session, the maintenance was granted from the date of the order. On second revision, the Hon'ble Judge of the Madhya Pradesh High Court took the view that normally allowance was payable from the date of the order as was reflective from sub-section (2) of section 125, but in the same breath observed that in the alternative, it could equally be ordered from the date of the application for maintenance. However, it was observed that the order should be backed by some reason to support the same. Much water has flown since. Now under the torch-light given by the Supreme Court, interim maintenance are being granted in numerous cases by the trial Courts. This presupposes that maintenance is grantable even from the date of the application. Furthermore, there is no bar in section 125 Cr.P.C. . for the purpose nor are any special reasons required, A destitute wife or child needing succour is entitled to get it from the date she or it approaches the Court unless there are circumstances which do not justify such a course. No such circumstance has been pointed out here. The wife has been found to be entitled to maintenance on the neglect or refusal of the husband. She complained of that fact when she made the application. Thus she is entitled to maintenance from the date of the application.