Nitin vs Smt. Deepika
2022 Latest Caselaw 472 MP

                                                    1
              HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                               Criminal Revision No.1212 of 2021
                               Nitin Vs. Smt. Deepika & another

            Indore, Dated:- 10/01/2022
                   Shri Milind Ramesh Phadke, Counsel for the applicant.

                   Shri Paresh Joshi, Counsel for the respondent No.1.

The issue involved in the present revision is that whether the maintenance

under Section 125 of Cr.P.C. would be made payable from the date of application

or from the date of order.

Learned Judge of the Family Court has relied upon the decision rendered

by the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha reported in

(2021) S SCC 324 and during the course of arguments, Shri Milind Phadke has

also relied upon two decisions of of Hon'ble Supreme Court in the case of Shail

Kumari Devi & another Vs. Krishan Bhagwan Pathak reported in 2008 (9)

SCC 632 and para 6 of Jaiminiben Hirenbhai Vyas and another Vs.

Hirenbhai Rameshchandra Vyas and another reported in 2015 (2) SCC 385

to which Shri Paresh Joshi, Counsel appearing for respondents has submitted that

both these cases have already been taken into account by the Supreme Court in

the case of Rajnesh (supra). However, on perusal of the decision in the case of

Rajnesh (supra) it is found that the case of Jaiminiben Hirenbhai (supra) has

not been considered by the Supreme Court in the aforesaid decision. In such

circumstances, parties are directed to advance their arguments on the aforesaid

point as to which judgment of Hon'ble Supreme Court would prevail in such

circumstances.

List the matter on 21.01.2022.

(SUBODH ABHYANKAR) JUDGE Pankaj Digitally signed by PANKAJ PANDEY Date: 2022.01.17 17:56:05 +05'30'