1. A short question devoid of many precedents under S.489 of the Code of Criminal Procedure is raised in this case. The question is whether an enhancement of the maintenance allowance can be made to take effect from the date of the application for enhancement instead of from the date of the order.

2. Mr. T. Chandrasekhara Menon, the counsel of the petitioner (the husband), invites my attention to the decision of the Calcutta High Court in. J. H. Amroon v. Miss K. Sassoan (AIR. 1949 Cal. 581) by Blank J. That was a case where the maintenance allowance was raised from Rs. 12/-to Rs. 50/-per month; and Blank J. held that the enhancement could not be made retrospective from the date of the application, id other words, the enhancement could be only from the date of the order. An old decision in Parvatham v. Mutha (2 Weir 650) was cited before Blank J. That was a case where the maintenance allowance was reduced; And the learned Chief Justice held that since the allowance had already accrued at the original rate till the date of the order of enhancement, the same could not be reduced retrospectively. Another decision cited before Blank J. was Hiralal Valavdas v. Bai Amba (AIR.