Maintenance under Section 125 of Cr.P.C. should be awarded from the date of application, not just from the date of the order.

The present revision is arising out of maintenance under section 125 of Cr.P.C being aggrieved by the order dated 18.07.2013 passed in Miscellaneous Criminal Case No.246/2013 by Principal Judge, Family Court, Indore. The petition is pending since 2013. Considering the same, the matter is hearing finally.

By the impugned order, the Family court has awarded Rs.1500/- to the applicant no.1 and Rs.500/- to the applicant no.2. Thus, total Rs.2000/- per month as maintenance from the date of order.

Upon perusal of the order and the finding in para 10 this Court finds that the applicant could not prove any certain income of the respondent. On the contrary alongwith reply, the respondent has filed a certificate that he is earning Rs.130 per day as labourer. Considering the same, the family court has awarded Rs.1500/- per month to the applicant no.1 and Rs.500/- per month to the applicant no.2 total Rs.2000/- per month from the date of order. This court does not find any illegality in the order so far quantum of compensation is concerned. However, the family Court has passed the order of maintenance from the date of order without assigning any reason which is contrary to judgment passed by the Apex Court in the case of Rajnish Vs. Neha reported in AIR 2021 SUPREME COURT 569 , wherein it has been held that the applicant is entitled for maintenance from the date of application.

Considering the same, the impugned order is modified to the extent that the applicants shall be entitled for maintenance from the date of application.

With the aforesaid, the revision petition stands partly allowed and disposed off.