Smt. Ishrat Jahan vs State Of U.P. & Another
2013 Latest Caselaw 491 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 25
 

 
Case :- CRIMINAL REVISION No. - 3575 of 2009
 

 
Petitioner :- Smt. Ishrat Jahan
 
Respondent :- State Of U.P. & Another
 
Petitioner Counsel :- Dinesh Kumar
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Mrs. Jayashree Tiwari,J.

Case called out in the revised list.

Heard learned counsel for the applicant-revisionist and learned A.G.A.

A perusal of the record and order dated 24.10.2009 clearly  shows that service has been duly effected on the other party but no one has appeared to rebut the revision or to file any objections.

The present revision has been filed against the order passed by the learned revisional court whereby holding that as the learned Magistrate has not given any reason for allowing the maintenance amount from the date of the application, as such he has directed the same to be given from the date of the order and in that respect he partly modified the order passed by the learned Magistrate.

In this connection, it is worthwhile to go from the provisions of Section 125 Cr.P.C. sub-clause (2) which laise down as follows:-

"(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance."

Thus, under the provisions of sub-clause (2) to Section 125 Cr.P.C. the learned Magistrate is not required to find any reasons while granting the maintenance from the date of application. The learned Magistrate in his discretion has granted the maintenance allowance from the date of application and modifying the order on the ground by learned revisional court that no reasonable grounds have been shown for awarding the maintenance from the date of application is entirely ingenious approach with regard to legal provisions as enunciated in sub-clause (2) of Section 125 Cr.P.C. The learned Magistrate is not required to assign any reasons for awarding the maintenance from the date of application, as such, the modification allowed by the learned revisional court appears to be erroneous and illegal exercise of the jurisdiction and it is liable to be quashed.

Accordingly, order of the learned revisional court is modified order to the extent of allowing the maintenance allowance from the date of order is quashed and the order of the learned Magistrate is upheld.

The revision is partly allowed. The file be sent back to the learned trial court.

Order Date :- 8.4.2013

RS.