MAHENDRA KUMAR Vs. RAJESH RATHORE AND ORS.

JUDGEMENT

(1.) This petition under Sec. 482 Crimial P.C. calls in question the order dated 12.7.2005 passed by the learned Judge, Family Court Kota whereby it has awarded u/S. 125 Crimial P.C. interim-maintenance of Rs. 1000.00 to wife, Smt. Rajesh Rathore non-petitioner No. 1 and the like sum to Vinita, non-petitioner No. 2 minor daughter w.e.f. the date of filing of the application, i.e., 1.1.2005.

(2.) Learned counsel for the petitioner has contended that the petitioner is mentally not fit to earn his own livelihood. He is, therefore, unable to make payment of the interim-maintenance allowance as ordered by the learned court below. He has also on the strength of Shantilal Vs. Smt. Sushila, 2006 (1) Cr.L.R. (Raj.) 285 contended that no reasons having been given in the order dated 12.7.2005 for granting interim-maintenance allowance w.e.f. the date of the application, the same is not sustainable in law. According to him, the interim-maintenance should have been allowed and directed to be paid only w.e.f. the date of the order i.e., 12.7.2005.

(3.) Learned counsel for the non-petitioners No. 1 and 2, wife and child has supported the impugned-order but has fairly conceded that the amount of interim-maintenance may be directed to be paid w.e.f. the date of the order, i.e., 12.7.2005 instead of from the date of filing of the application dated 1.1.2005.