LAWS(RAJ)-2013-7-400

NOOJHAT AARA Vs. STATE OF RAJASTHAN

Decided On July 18, 2013
Noojhat Aara Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant miscellaneous petition has been filed by the petitioner challenging the order dated 7.7.2012 passed by the learned Addl. Sessions Judge (FT) No. 2, Bikaner in revision and the order dated 21.10.2011 passed by the learned Addl. Chief Judicial Magistrate No. 2, Bikaner in Case No. 217/2006.

(2.) The learned Magistrate allowed the application filed by the petitioner under Section 125 Cr.P.C. and directed payment of maintenance to her @ Rs. 6,000/- per month. The learned Addl. Sessions Judge affirmed the order passed by the learned Magistrate granting maintenance.

(3.) The grievance of the petitioner is that the maintenance should have been awarded from the date of filing of the application whereas the learned Magistrate accepted the application and made the maintenance order effective from the date of order. The petitioner thus challenged the order passed by the learned Magistrate in revision and the Revisional Court also affirmed the same. Hence, the petitioner has approached this Court by way of the instant miscellaneous petition seeking a direction that the award of maintenance passed in her favour should be made effective from the date of the filing of the application.