1. - This criminal revision petition is directed against the judgment dated 3.8.2007 passed by Family Court No. 1, Jaipur in regular case No. 199/2002 whereby the application of the respondent filed under Section 125, Criminal Procedure Code has been allowed and the petitioner has been ordered to pay the respondent maintenance allowance @ Rs. 5,000/- per month from the date of filing of the application i.e. 12.6.2002.

2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. Learned counsel for the petitioner contends that under Section 125, Criminal Procedure Code maintenance allowance should be awarded from the date of order and not from the date of application without assigning any reason and in this case as the Family Court has not assigned any reason therefore, the maintenance allowance should be made payable from the date of order. He has placed reliance on a decision of the Division Bench of this Court Qamruddin v. Smt. Rashida, 1992 (1) WLC (Raj) 305. He further contends that the maintenance awarded to the respondent is excessive because, according to him, it should not exceed one-fifth of the income of the petitioner.

4. Learned counsel