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SANJAY DHAR
Fahmeeda Bano – Appellant
Versus
Mohd. Akram Malik – Respondent
JUDGMENT :
1. The petitioners have challenged order dated 15.12.2017 passed by learned 1st Additional Sessions Judge Baramulla (hereinafter for short "Revisional Court") as also order dated 10.07.2015 passed by learned Judicial Magistrate 1st Class Tangmarg (hereafter for short "the trial Magistrate"). Vide order dated 10.07.2015 passed by the trial Magistrate, the petitioners in a proceeding under section 488 Cr.P.C. have been granted a monthly maintenance of Rs.7,500/- (Rs.2,500/- each) from the date of passing of the said order. The aforesaid order has been upheld by learned Revisional Court vide impugned order dated 15.12.2017 in a revision petition filed by the petitioners against the order of the trial Magistrate.
2. It appears that the petitioners who happen to be the wife and children of the respondent had moved the trial Magistrate seeking maintenance from the respondent. The said petition was allowed by the trial Magistrate vide order dated 10.07.2015, thereby granting maintenance of Rs.7,500/- (Rs.2,500/- each) to the petitioners from the date of passing of the order. The aforesaid order came to be challenged by the petitioners by way of revision petition before the Princi
Maintenance in proceedings under section 488 Cr.P.C. should be awarded from the date of application for maintenance, as directed by the Supreme Court.
The main legal point established in the judgment is that the right to claim maintenance under Section 125 of Cr.P.C. must date back to the date of filing the application, as per the interpretation es....
Maintenance under Section 125 Cr.P.C should be awarded from the date of the application, and evidence is essential to substantiate income claims.
The main legal point established in the judgment is the discretion of the Magistrate to award maintenance from the date of the application or the date of the order, as per the circumstances of the ca....
Maintenance is to be awarded from the date on which application was made before court concerned.
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.
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