AI Structured Summary
Not yet generated for this judgment
Judgment
B.D. Rathi, J.—Heard on admission. This revision petition is filed against the order of maintenance dated 16/8/2013 passed in MJC No. 163/2010 by I Additional Principal Judge, Family Court, Bhopal, whereby by allowing the application of the respondent No. 1 under S. 125 of the Cr.P.C., it was ordered that amount of maintenance be paid since the date of application i.e. 15/4/2010.
It is submitted on behalf of the petitioner that order to pay maintenance from the date of the application could not be passed without assigning any special reasons especially when in the original petition of maintenance, it was not claimed that maintenance should be awarded from the date of application. In support of his contention, reliance was placed on decision of this Court in Narendra Vs. Usha, . He further prayed that the maintenance be awarded from the date of impugned order.
On perusal of the impugned order, it is revealed that it was directed by the trial Court to the petitioner that amount of maintenance be paid from 15/4/10 i.e. from the date of application. Section 125(2), as substituted with effect from 24/9/2001, reads as under:--
(2) 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 proceeding, as the case may be.
(Emphasis supplied)
So in view of the provision mentioned above, the Court below has power to grant maintenance from the date of application also and for that purpose it was not necessary that same should be pleaded in the application. Further, the precedent cited by the learned counsel for the petitioner is of no avail to him in the peculiar facts and circumstances of the instant case. In view of the aforesaid, this revision, being devoid of merit and substance, stands dismissed in limine.