SHANTI LAL Vs. SUSHILA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned counsel for the respondent and perused the judgment passed by trial Court, granting the maintenance to the respondent to the tune of Rs. 800/- per month as well as the judgment passed by Additional Sessions Judge No. 1, Chittorgarh, confirming the judgment passed by trial Court.

(2.) Both the Courts below have passed the order after considering all the material on record. There is no error or illegality in both the orders. The amount of maintenance is Rs. 800/- per month only. However, the learned counsel for the petitioner contended that the learned trial Court has committed error while allowing the maintenance from the date of filing of the application. He has invited the attention of this Court towards the judgment rendered by Hon'ble Division Bench of this Court in case of Qamruddin v. Srimati Rashida, reported in 1992 (1) WLC (Raj.) 305 and the another judgment of this Court in case of Mohammed Sharif v. Jahida @ Sonu, reported in 2005 (8) RDD 3041 (Raj) and contended that the learned trial court was under an obligation to record reasons for allowing maintenance from the date of filing of the application under Section 125 Criminal Procedure Code. It is obvious from the order that no reasons have been recorded for granting maintenance from the date of application under Section 125 Criminal Procedure Code. Accordingly, the order passed by trial Court is modified. The petitioner Is directed to pay the maintenance of Rs. 800/- per month awarded by the trial Court to the respondent w.e.f. 12.1 1.2003 i.e., the date of passing of the order by the trial Court and not from the date of application under Section 125 Criminal Procedure Code.

(3.) With the aforesaid observations and directions, this petition stands disposed of. Petition disposed of.