QAMRUDDIN Vs. RASHIDA

JUDGEMENT

(1.) WE have heard the learned Counsel for the husband -appellant in this misc. appeal arising out of the judgment dt. 12.4.89 of the learned Judge Family Court Jaipur passed on an application Under Section 125 of the Criminal Procedure Code preferred before him by the respondent Smt. Rashida.

(2.) IN the impugned judgment the learned Judge Family Court has ordered that the appellant shall pay Rs. 150/ -per month to the respondent from 3.6.1985 to 12.11.86. It has also been ordered by the learned Judge Family Court that for the minor daughter the appellant shall pay a sum of Rs. 75/ - p.m. from 3.6.1985 to 12.11.1986 and thereafter a sum of Rs. 100/ - p.m. till the minor daughter is married or attain majority.

(3.) IN challenge to the aforesaid judgment, the learned Counsel for the appellant has contended that Under Section 125 generally the amount should have been ordered to be paid from the date of order and not from the date of application. He contends that no reason has been assigned by the learned Judge Family Court as to why the payment of the maintenance so far as respondent was concerned should be from the date of the application till the date of the divorce. He also contends that similarly also so far as the minor daughter is concerned, the payment should have been ordered from the date of order and not from the date of the application.