RAMAKANT Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 02.05.2015 passed by Additional Sessions Judge, Sujangarh, District Churu (hereinafter referred to as 'the appellate court') in Criminal Appeal No. 10/2015 whereby the appeal filed by the petitioner against the order dated 30.1.2015 passed by Additional Chief Judicial Magistrate, Sujangarh (hereinafter referred to as 'the trial court') in Criminal Case No. 124/2011 has been dismissed. The trial court vide order dated 30.1.2015 disposed of the application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005') and has directed the petitioner to pay interim maintenance to the tune of Rs. 11,000/- per month to the respondent No. 2 and her two minor sons from the date of application.

(2.) Learned counsel for the petitioner has submitted that while determining the amount of interim maintenance, the trial court as well as the appellate court have not taken into consideration the fact that the income of the petitioner is only Rs. 6,300/- per month and he is not in position to pay the interim maintenance from the date of application as directed by the trial court. The learned counsel for the petitioner has also argued that the trial court as well as the appellate court have not given any reason for giving direction to the petitioner to pay interim maintenance from the date of application. It is contended that in absence of any express reasons given by the trial court, the direction of giving maintenance from the date of application is illegal.

(3.) Learned counsel for the petitioner has placed reliance upon the decisions of Hon'ble Supreme Court rendered in case of Shail Kumari Devi & Anr. Vs. Krishan Bhagwan Pathak, 2008 9 SCC 632 and in the case of Jaiminiben Hirenbhai Vyas & Another Vs. Hirenbhai Rameshchandra Vyas & Anr., 2015 2 SCC 385 and a judgment rendered by Jaipur Bench of this Court in Latif Ahamad Vs. Smt. Najoon Nisha & Ors.,2011 1 CrLR 103 and has argued that as per the law laid down by Hon'ble Apex Court, if any court directs to pay maintenance amount from the date of application, it has to give specific reasons for that.