LAWS(RAJ)-2008-2-59

BABU LAL SHARMA Vs. JUDGE FAMILY COURT

Decided On February 20, 2008
BABU LAL SHARMA Appellant
V/S
JUDGE FAMILY COURT Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS writ petition has been filed against the order dated 5/6/2007 by which the learned Family Court has granted interim- maintenance of Rs. 5000/- per month to the respondent-wife and Rs. 3000/- as cost of the litigation and Rs. 200/- for appearing on every date of hearing of the case.

(3.) THE argument that the Family Court could not have directed payment of interim-maintenance from the date of the application on the strength of the aforesaid judgments is to be appreciated in view of the provisions contained in Section 125 (2) Cr. P. C. which inter-alia provides that any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceedings, as the case may be.