Rinki Kumari @ Anita Kumari vs Kundan Kumar @ Kundan Kumar Singh
2021 Latest Caselaw 3960 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                                Cr. Rev. No. 577 of 2019

                     Rinki Kumari @ Anita Kumari ...  ...    Petitioner
                                       Versus
                     Kundan Kumar @ Kundan Kumar Singh.
                                            ...     ...     Opposite Party
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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For the Petitioner : Mr. A.N. Deo, Advocate For the Opp. Party : Ms. Madhulika, Advocate

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Through Video Conferencing

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07/22.10.2021 Learned counsel for the petitioner Mr. A.N. Deo, is present.

2. Learned counsel for the opposite party Ms. Madhulika is also present.

3. Learned counsel for the petitioner submits that vide order dated 31.01.2020, notice was issued on the point of the effective date of grant of maintenance, whether it should have been from the date of passing the impugned judgment or from the date of filing of the maintenance application. He has referred to sub- section 2 of Section 125 of Cr.P.C to submit that it has been clearly provided that any such allowance for maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. The learned counsel submits that the impugned order does not reflect any application of mind regarding the date from which the maintenance was to be allowed, but a simple order has been passed that it has to be paid from the date of passing of the judgment. The learned counsel has also submitted that the discretion to make payment of maintenance from the date of judgment or from the date of application has to be sound discretion and the impugned order reflects non-application of

mind on this point. He submits that in order to consider this point, the records of the learned court below may be called for.

4. Accordingly, office is directed to call for the lower court records from the court of learned Addl. Principal Judge, Addl. Family Court, Ranchi, in connection with Original Maintenance case No.198 of 2014 (under Section 125 of the Criminal Procedure Code, 1973) which has been disposed of vide judgment dated 18.02.2019.

5. The lower court record should be received by this Court latest by 23rd of November, 2021.

6. Post this case on 26th of November, 2021.

7. Let a copy of this order be communicated to the learned court below through FAX / E-mail.

(Anubha Rawat Choudhary, J.) Saurav