DAVI Vs. PURSHOTTAM

JUDGEMENT

(1.) THIS miscellaneous criminal revision is directed against the order dated May 2, 1989, passed by the Special Judge, Essential Commodities Act cum Additional Sessions Judge, Jodhpur, in criminal revision petition No. 51 of 1988, by which the learned Additional Sessions Judge ordered for the payment of the amount of the maintenance from the date of the order.

(2.) SMT . Davi filed an application Under Section 125 Cr. P.C. against the non -petitioner Purshottam in the Court of the Additional Chief Judicial Magistrate No. 4, Jodhpur, for grant of maintenance to her three children. The learned Additional Chief Judicial Magistrate No. 4 Jodhpur, by his order dated October 13, 1987, awarded the maintenance of Rs. 300/ - per month to the three children of Smt. Davi. and directed their father Purshottam to pay the amount of maintenance from the date of application. Dissatisfied with the order passed by the learned Additional Chief Judicial Magistrate No. 4 Jodhpur, Purshottam filed a revision petition before the Sessions Judge, Jodhpur. The revision petition was ultimately decided by the learned Special Judge, Essential Commodities Act cum Additional Sessions Judge, Jodhpur, by his order dated May. 1989. The learned Additional Sessions Judge, however, maintained the order granting maintenance to the three children but directed that the amount will be payable from the date of the order and not from the date of the application. It is against this order that the present revision petition has been filed by the wife Smt. Davi on behalf of her three children.

(3.) IT is contended on behalf of the petitioner that the learned Additional Sessions Judge was not justified in ordering for the grant of the maintenance from the date of the order. The maintenance was rightly granted by the learned trial Court from the date of the application. The learned Counsel for the non - petitioner, on the other hand, has supported the order passed by the learned Additional Sessions Judge.