Gafoor Ahmad vs Amnabai - 1986 Supreme(MP) 477

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates:
Advocate Appeared:
For the Applicant : A.H. Khan
For the Non-applicant : A.N. Pradhan

Headnote:Criminal Procedure Code, 1973 – S.125 – order of maintenance – should ordinarily be made effective from date of order.
        Short Note
       The trial Court came to the conclusion that the respondent failed to prove her case and dismissed her application for maintenance. On revision, learned Sessions Judge, awarded Rs. 175/ – per month as maintenance allowance to the petitioner as well as to her son.
       2. Held: So far as the question of making the order retrospective, the learned Sessions Judge in his order has not indicated any reasons for doing so. No doubt, it is within the discretion of the Court making the order of maintenance to award a sum either from the date of the application or from the date on which the order is passed. In this case, the trial Court had dismissed the application of the revisional Court, has made the order of maintenance, making it retrospective in effect in such matters. It is expected of the revisional Court to take a realistic view of the matter as the proceedings, at times, consume considerable time before an order is passed, accumulation of arrears of maintenance allowance, in case the order is made retrospective in effect, at times results in great deal of hardship. To avoid this, the Court should consider awarding of interim maintenance, which has not been held to be awardable by the Supreme Court, but if such interim maintenance is not asked for and awarded, atleast the revisional Court should, in the event of making the order retrospective in effect, record reasons for doing so least it results in not merely a great deal of hardship to the husband but also deprives forums of granting the grounds or reasons on the basis of which a retrospective maintenance order is passed. As in this case, no reasons are indicated, the ends of justice would be sufficiently met if the order is made effective from the date it was made by the learned Sessions Judge. Revision partly allowed.