Vishnu Chandra Gupta, J.—

Challenge in this petition under Article 226/227 of Constitution of India is the order dated 14.1.2008 passed in Criminal Revision No. 354 of 2007, Savitri Devi v. Yogendra Nath Dubey, by Additional Sessions Judge/Fast Track Court-II, Court No. 11, Sultanpur wherein the order of learned Magistrate dated 28.6.2007 passed in proceedings under Section 125, Criminal Procedure Code (for short 'Cr. P.C.') was modified to the extent that maintenance would be payable from the date of presentation of the application, i.e., from 22.5.2001 instead of from the date of order.

2. It is not in dispute that an application under Section 125, Cr. P.C. was presented on 22.5.2001 by respondent No. 2 Smt. Savitri Devi for grant of maintenance against her husband petitioner Yogendra Nath Dubey. This application remained pending for more than 6 years. Judgment was delivered in this case awarding maintenance of Rs. 800 per month from the date of order, i.e., 28.6.2007.

3. The order of learned Magistrate was challenged in Criminal Revision No. 354 of 2007 which was disposed of by the impugned judgment, whereby the order was modified as stated above. Aggrieved with this order this pet

Click Here to Read the rest of this document