MANGILAL Vs. MUSSAMAT SAKHI

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The only point on which the learned Counsel for the petitioner seeks relief from this Court is the order of the learned Munsif and Judicial Magistrate, Nathdwara dated 18.6.1987 the question of payment from the husband to the wife from 17.11.1980. The learned Counsel, for the petitioner submitted that it would be too harsh if the petitioner is saddled with the liability to make the payment from the date of the application. As evident from the file of the trial court, the application under Section 125 Cr.P.C. was filed on 2.3.1978. The learned Magistrate has not allowed the maintenance from the date of application, but from a date fixed two years subsequent were to. It is the discretion of the Court allowing maintenance to fix a particular date from which the maintenance has to be given. The facts and circumstances of each individual case are taken into consideration by the courts in passing order for maintenance from a particular date.

(2.) HAVING gone through the order of the learned trial court and the Revisional Court, I am of the opinion that the learned Magistrate has committed no error or illegality in fixing the date 17.11.1980 as the date from which payment is to be made. Cruelty found by the two courts below was on the ground of the petitioner husband taking second wife long back. It is in view of that torture, that the learned Magistrate considered it a fit case in which the wife could claims maintenance while living separate from the husband. The detailed discussion of the case justified the order of the learned Magistrate for allowing maintenance from a date prior to the date of the order.

(3.) THE petition has no substance and is dismissed.