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PARTH PRATEEM SAHU
Devendra Baghel S/o Parasram Baghel – Appellant
Versus
Sindhu Baghel W/o Devendra Kumar Baghel – Respondent
ORDER :
1. This revision is filed challenging the order dated 29.08.2023 passed by learned Judge, Family Court, Rajnandgaon in Miscellaneous Criminal Case No. 77/2021 whereby learned Family Court has allowed the application under Section 125 of Cr.P.C. filed by non-applicant/wife and awarded maintenance of Rs.10,000/- per month in her favour from the date of application and further ordered that amount of maintenance already paid would be adjustable.
2. Learned counsel for the applicant would submit that though the applicant has raised multiple grounds in this criminal revision, however, this revision is being pressed only on the ground that learned Family Court erred in awarding the amount of maintenance from the date of application under Section 125 of Cr.P.C. instead from the date of order. He submits that the application is filed on 23.03.2021 whereas the final order was passed on 29.08.2023 and, therefore, the delay in passing the final order cannot be attributed to the applicant. The applicant will suffer adversely if he is directed to pay arrears of the amount in lump-sum. In alternate, learned counsel for the applicant also submits that if this Court comes to the conclusion th
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
Court confirmed discretion under Section 125 Cr.P.C. allows awarding maintenance from the application date due to the petitioner's neglect of financial obligations towards wife and child.
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
The main legal point established is the entitlement to maintenance from the date of application, as directed by the Supreme Court, and the need for uniformity in maintenance orders.
Children have a statutory and moral obligation to maintain their elderly parents, which cannot be dismissed due to personal financial difficulties.
A divorced woman qualifies as a 'wife' under S. 125, CrPC, and maintenance can be awarded from the date of the application at the court's discretion.
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