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1991 Supreme(MP) 8

S.K.CHAWLA, P.C.PATHAK
Krishna Jain – Appellant
Versus
Dharam Raj Jain – Respondent


Advocates:
Rakesh Jain for applicant; Sohan Choudhary for non-applicant; Surendra Singh, amicus curiae.

ORDER

P.C. Pathak, J. -- 1. This is reference made by one of us (Pathak, J.) to Division Bench to answer the following questions:-

"(i) Whether recording of reasons is sine qua non for awarding maintenance from the date of application?

(ii) If so, whether the order must he modified, making it payable from the date of order?

(iii) Whether the 'date of order' in section 125(2) means the date of order of the Revisional Court also?"

2. Smt. Krishnahai was married to non-applicant Dharamraj 16 years before the date of petition in accordance with Hindu Rites. She alleged that when Ku. Kalpana applicant No.2 was in the womb, the non-applicant snatched her ornaments and forced her to return to her parents. After the birth of the child, she requested him to take her back, but he gave no response. The applicant with her child continues to stay with her parents. On 4.6.1982 the applicant and her child filed petition u/s. 125, CrPC before the Chief Judicial Magistrate claiming maintenance @ Rs. 400/- per month to the mother and Rs. 200/- to the child from the date of application. The non-applicant filed his written statement on 30.9.1982. The trial Court allowed the application by order dated
































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