Mafida Khatun vs Iman Ali
2021 Latest Caselaw 3592 Gua

                                                                          Page No.# 1/2

GAHC010220392021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./300/2021

            MAFIDA KHATUN
            W/O IMAN ALI
            D/O LATE ADALAT ALI
            R/O VILL- PAKA BETBARI PAM,
            P.O. JARABARI, P.S. AND DIST. BARPETA, ASSAM, PIN-781314


            VERSUS

            IMAN ALI
            S/O DANESH ALI
            R/O VILL- PAKA BETBARI PAM, P.O. JARABARI, P.S. DIST. BARPETA,
            ASSAM, PIN-781314.


Advocate for the Petitioner   : MR M AHMED

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 22-12-2021

Heard Mr. A. Hussain, learned counsel for the petitioner.

This is an application under Section 401 of the Cr.P.C. R/W Section 19(4) of the Family Court Act, whereby the judgment dated 03.11.2021 Page No.# 2/2

passed by the learned Principal Judge, Barpeta in FC (Crl.) Case No. 321/2018 has been put to challenge.

The revision petition revolves around the very small question.

The question is whether maintenance under Section 125 CrPC is to be given from the date of judgment or from the date of filing the application.

Here in this case, the learned Family Court directed the respondent to pay monthly maintenance of Rs. 7000/- to the respondent and Rs. 5000/- to her minor daughter from the date of the judgment.

Mr. Hussain has relied upon a judgment of the Apex Court in Rajnesh Vs. Neha & Anr. reported in (2021) 2 SCC 324 to submit that the maintenance in all cases should be paid from the date of filing of the application.

Since the law exists that way, the observation of the learned Family Court that the maintenance should be paid from the date of the judgment is bad in law. Therefore, the connected part of the impugned judgment stands modified. The respondent is directed to pay the maintenance as directed by the learned Family Court from the date of filing of the application.

With the above observation and direction, the revision petition is disposed of.

JUDGE

Comparing Assistant