Maintenance under Section 125 of the Code of Criminal Procedure, 1973, should ordinarily be awarded from the date of filing the maintenance application, as the provision is a beneficial social welfare legislation, and any departure from this rule requires cogent and justifiable reasons from the court.

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. By way of the present petition, the petitioners are challenging the order dated 25.09.2019 [hereafter „impugned order‟], passed by the learned Family Court, East District, Karkardooma Courts, Delhi [hereafter „Family Court‟] in CC No. 389/2017, filed under Section 125 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟], by the petitioners, claiming maintenance from the respondent.

2. Briefly stated, the facts of the present case are that the petitioner no. 1 is the legally wedded wife of the respondent no. 1. They were engaged to each other on 01.01.1999 and were married on 27.05.2001 in Delhi as per Hindu rites and ceremonies. Out of the said wedlock, two daughters, i.e., petitioner no. 2 and petitioner no. 3, were born on 30.03.2002 and 29.08.2005 respectively. Due to matrimonial discord between the parties, the relationship between them deteriorated and they started living separately. Thereafter, the petitioner, in the year 2016, had filed a petition under Section 125 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟], inter alia alleging that she and her minor daughters had been neglected and refused maintenance by the respondent, despite his having sufficient means to maintain them. It was averred that she was a housewife and had no independent source of income to sustain herself or to provide for the education and daily needs of the children. It was further stated that none of the petitioners were earning any income and were dependent upon financial assistance and loans received from friends and relatives for their survival and the educational expenses of the children. It was stated that the respondent was gainfully employed and earning a regular income sufficient to maintain the petitioners but had failed to discharge his legal and moral obligations towards them.

3. By way of the impugned order dated 25.09.2019, the learned Family Court has awarded interim maintenance at the rate of Rs. 5,500/- in favour of each of the petitioners, i.e. Rs. 16,500/-, however, only with effect from 01.01.2019. The relevant observations are as under:

“...11. The present petition has remained pending since 05.03.2016. I am of the opinion that in the peculiar facts of this case and for the purpose of the present Order, the interim maintenance be awarded to the petitioners with effect from 01.01.2019 and not from the date of filing of this petition as is the normal rule. The respondent is thus directed to pay Rs.5500/- per month as interim maintenance to each of the petitioners (total Rs.16,500/- per month) with effect from 01.01.2019 till the disposal of the present petition.

12. It is also made clear that the observations made in the present order are for the purpose of disposal of the present interim· maintenance application. The directions issued under this order would be subject to the further directions as may be passed at the time of disposal of this petition. It is also clarified that any amount received by the petitioners towards maintenance from the respondent in any other proceedings or in the present proceedings shall be adjusted against the amount payable under this order.

13. The application for grant of interim maintenance stands disposed off accordingly...”

4. The petitioners are aggrieved only by the limited aspect of the impugned order – directing payment of interim maintenance with effect from 01.01.2019, and not from the date of filing of the petition under Section 125 of Cr.P.C., i.