KAILASH CHAND SHARMA Vs. SUNITA SHARMA

JUDGEMENT

(1.) The instant criminal revision petition under Section 397 r/w Section 401 Cr.P.C. is preferred by the petitioner-husband against the judgment dated 02.07.2005 passed by the Family Court No.1, Jaipur in Criminal Case No. 213/2002, whereby the application filed by the respondent-wife under Section 125 Cr.P.C. has been allowed and maintenance to the tune of Rs. 3,000/- per month has been granted in favour of the respondent from the date of filing of the application i.e. 20.06.2002.

(2.) The main challenge to the impugned judgment dated 02.07.2005 is on the ground that as per the provisions of Section 125 of the Code of Criminal Procedure, the total amount which can be awarded in favour of any applicant is only upto Rs. 2,500/- and that too is only after recent amendment in the amount of maintenance. Earlier the maximum limit was Rs. 500/- and now at present it is Rs. 2,500/-, thus, in any case the Family Court is not empowered to award the maintenance amount beyond the limit prescribed under the law. Therefore, awarding Rs. 3,000/- in favour of the respondent-wife as maintenance by the Family Court is totally improper exercise of power vested in it.

(3.) The second challenge to the impugned judgment is that the payment of maintenance should be awarded from the date of passing of the order and not from the date of filing of the application.