Pravesh Kumar vs State Of U.P. And Another
2023 Latest Caselaw 14728 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:101310
 
Court No. - 49
 

 
Case :- CRIMINAL REVISION No. - 2467 of 2023
 

 
Revisionist :- Pravesh Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Indra Jeet Yadav,Sharad Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Sharad Kumar Srivastava, the learned counsel for revisionist and the learned A.G.A. for State.

This criminal revision has been filed challenging the order dated 19.10.2022 passed by Additional Judge, Family Court-III, Jaunpur in Case No. 557 of 2011 (Bhanmati Vs. Pravesh Kumar and Another) under Section 125 Cr.P.C., Police Station-Khuthan, District-Jaunpur whereby aforementioned case has been allowed and consequently revisionist has been directed to pay monthly maintenance @ Rs. 4,000/- per month to opposite party 2 from the date of application.

The solitary ground urged by the learned counsel for revisionist in challenge to the impugned judgment and order is that court below has erred in law in awarding maintenance in favour of complainant-opposite party 2 from the date of the application. Resultantly, the order impugned in present revision is liable to be modified inasmuch as, court below ought to have awarded maintenance from the date of the order and not from the date of the application. The submission so urged before this court is wholly misconceived. The Apex Court in Rajnesh Vs. Neha and Another (2021) 2 SCC 324 has categorically held that maintenance has to be awarded from the date of the application and not from the date of the order.

In view of above, the present revision fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 10.5.2023

Vinay