DEBI BHADURI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order of Shri B. K. Choudhary, Judicial Magistrate 1st Class, Jamshedpur in Misc. Case No. 16/74 T. R. No. 1985 dated the 30th July, 1985 in the application under Sec. 125, Cr. P.C. by which the application for maintenance was dismissed. Mr. U. K. Sarkar learned Counsel for the petitioner submitted that the petitioner was admittedly married to O. P. 2. In 1970, a divorce suit was also filed. She took an employment to maintain herself in the medical department TISCO in the year 1982. During the period 15 -5 -1974 to 1982, she had great financial difficulties and she is entitled to maintenance for that period which was not considered by the learned Court below under the wrong impression that she was able to maintain herself being in employment in the medical department of TISCO. She got employment in 1982 and she had remained unemployed for about seven and half years. The learned Magistrate ought to have granted her maintenance from the date of application as she also prayed for the same in her written application claiming Rs. 500 per month as maintenance. Mr. V. P. Singh learned Counsel for the Opposite Party No 2 submitted that the divorce suit had been decreed in 1977 Vide, Ext. E. The impugned judgment does not show that any prayer for maintenance from the date of application was made by the petitioner before the learned Magistrate. Mr. Sarkar had also drawn my attention to 1983 Criminal Law Journal 111 in which it was laid that the court had the discretion in giving maintenance from the date of application as laid down in Sec. 125 of the Cr. P. C.

(2.) Looking at the facts above, which are practically admitted, the only question is whether the petitioner is entitled to any maintenance for the period between 15 -5 -1974 to 1982. O. P. No. 2 was getting about Rs. 1,000 to 1,400 per month. I think the learned Magistrate ought to have granted some maintenance to the petitioner from the date of application. In view of the fact given above I think that the petitioner be granted maintenance for the period 15 -5 -1975 to 1982 and the amount of maintenance may be fixed by the learned Magistrate after hearing the parties. Accordingly the impugned order is hereby set aside and the case is remanded back to the learned Magistrate for fixing the amount of maintenance for the period stated above, Accordingly the petition is disposed of. Let the record of the case be seat to the learned Magistrate within 15 days.