SANJAY NAGAR Vs. HEMLATA

JUDGEMENT

(1.) THE petitioner has challenged the order 02.04.2009 passed by the Family Court, Kota whereby the learned Judge has directed the petitioner to pay a maintenance of Rs.1,500/- per month to the respondent from the date of filing of the application under Section 125 Cr.P.C.

(2.) MR. Govind Chaudhary, the learned counsel for the petitioner, has contended that the petitioner had filed an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said application is still pending. Therefore, the respondent is not entitled to claim any maintenance during the period the said application is pending before the Court. Secondly, the learned Judge has not assigned any cogent reasons for granting the maintenance from the date of the filing of the application. According to Section 125 Cr.P.C., the order of maintenance becomes operational from the date of the order. In case the maintenance is to be paid from the date of filing of the application, then the learned Judge is required to state special reasons.

(3.) IN this view of the matter, the revision petition is devoid of any merit; it is, hereby, dismissed.