IMPORTANT POINT
In normal circumstances the maintenance under Section 125 Cr. P.C. must be granted from date of order and in extraordinary circumstances it may be allowed from date of application but such order must record reasons.

JUDGMENT

S.K. Agarwal, J. - Heard learned counsel for the applicant and learned A.G.A, Sri Anoop Ghosh and have perused both the orders also.

2. The order of the learned Judicial Magistrate granting maintenance of Rs. 500/- to the respondent from the date of the application has been modified by the learned IX Additional Sessions Judge, Bulandshahar, only to extent of reducing the amount from Rs. 500/- to Rs. 400/-.

3. On examination of both the judgments. I do not find any serious infirmity in them nor any such infirmity was pointed out on behalf of the applicant. It is only urged that maintenance amount should be fixed from the date of the order as the law normally requires. If the Court intends to grant maintenance from the date of application, court must record its reasons for doing so. The contention had some force. Sub-section (2) of Section 125, Cr. P.C. spells as under:

"(2) Such allowance shall be payable from the date of the order or if so ordered from the date of the application for maintenance"

4. From an examination of the language of this sub-section it clearly follows that in normal circumstances the maintenance must be granted from the date of the order. In only extra-ordinary circumstances it may also be ordered to be paid from the date of application for maintenance. It is thus clear that there must be a discussion of such circumstances which warrant the court to allow it from the date of application. No other inference, is permissible from the language of sub-section (2). One such extraordinary circumstance may such dilatory tactics adhered to by be husband in the disposal of the proceeding. The other one may be untold cruelty practiced against his wife. No exclusive ground can be formulated. The learned Magistrate has not given any reason for allowing maintenance from the date of the application. No where in judgment before delivering the operative portion he had shown any such inclination. As a matter of fact the court has taken the husband by surprise by making such a direction for the first time in the operative portion of the Judgment. I am under the circumstances inclined to accept this contention and modify the order and make it payable from the date of order. The maintenance allowance shall be payable from the date of the order.

Accordingly this application is partly allowed.

Application allowed.