SUNITA Vs. JAI DEV

JUDGEMENT

(1.) This revision petition has been filed against the order dated 31st December, 1993 passed by the learned Additional Chief Judicial Magistrate, Shimla in case No 32 -4 of 1V89.

(2.) The petitioner herein filed a petition under section 125 Cr. P. C. for her maintenance. By the impugned order, the learned trial Court granted maintenance at the rate of Rs. 500 per month from the date of the order in favour of the present petitioner. While doing so, the learned trial Court has taken care of all aspects of the matter including the paying capacity of the respondent. Therefore, the granting of maintenance at Rs. 500 per month is justified and reasonable.

(3.) The short point to be decided in this case is that whether the maintenance should be awarded from the date of the filing of the application or from the date of the order. Sub -section (2) of section 125 Cr. P. C. inter alia provides that such allowance shall be payable from the date of the order or if ordered from the date of the application for maintenance.