Dhan Raji vs State Of U.P. And Another
2022 Latest Caselaw 489 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL REVISION No. - 8 of 2016
 

 
Revisionist :- Dhan Raji
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Ramakar Shukla
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the revisionist and learned A.G.A. for the State. None appears for the private respondent.

The revision petition has been filed to modify order dated 30.9.2015, passed by Judge, Family court, Sultanpur in Crl. Case No.449 of 2014 Dhanraji versus Sugreev to the extent that the benefit of order of maintenance be given from the date of application and not from the date of order.

Learned counsel for the revisionist submits that by impugned order, the respondent No.2 has been directed to prove maintenance of Rs.2,500/- to the revisionist from the date of the judgment whereas, it should be from the date of the filing of the application under section 125 CrPC in view of judgment of Supreme Court in Rajnesh versus Neha and others 2021 (114) ACC 645 SC in which it has been held that the maintenance in all cases shall be awarded from the date of filing of the application for maintenance. The judgment being retrospective in nature applies to the present case also.

On due consideration to the argument advanced by the revisionist's counsel, perusal of the record as well as the judgment in Rajnesh's case (supra), the revision is allowed and the order dated 30.9.2015 is modified to the extent that the maintenance allowance of Rs.2,500/- shall be paid by respondent No.2 to the revisionist from the date of filing of the application under section 125 CrPC.

The revision is disposed of accordingly.

Order Date :- 4.4.2022

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