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1990 Supreme(All) 353

S.R.BHARGAVA
DHARMENDRA KUMAR GUPTA – Appellant
Versus
CHANDRA PRABHA DEVI – Respondent


Advocates Appeared:
MURLIDHAR, PRADIP CHATTERJI, SANJIVA RATNA

S. R. BHARGAVA, J.

( 1 ) IN this criminal revision the only point requiring determination is whether in awarding maintenance to wife under S. 125, Cr. P. C. from the date of application, reason for order making maintenance payable from the date of application is necessary.

( 2 ) FACTS giving rise to this revision are that parties were married in February 1982. Their relations became estranged. On 17th July, 1984 wife moved application for maintenance before the Magistrate under S. 125, Cr. P. C. alleging cruelty and desertion by the husband. This application was contested by the husband who made counter allegations of cruelty and desertion. He denied allegations of the wife learned Magistrate recorded the evidence of the parties. He upheld the case of wife and awarded maintenance of Rs. 250/- per month to wife and directed that the maintenance would be payable from the date of decision. Against this wife preferred revision before the Sessions Judge and contended that the maintenance should be made payable from the date of her application. Learned Addl. Sessions Judge disposing of the revision held : "it is settled principle of law that the amount of maintenance shall be directed to








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