Smt. Neetu Mishra vs Abhishek Mishra
2022 Latest Caselaw 7853 MP

                                   1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                 BEFORE
                    HON'BLE SMT. JUSTICE SUNITA YADAV
                          ON THE 15th OF JUNE, 2022

                 CRIMINAL REVISION No. 1382 of 2021

        Between:-
        SMT. NEETU MISHRA W/O SHRI ABHISHEK
        MISHRA IN FRONT OF A.M. 95 BHEEM NAGAR
        D.D NAGAR, DISTRICT GWALIOR (MADHYA
        PRADESH)

                                                                .....PETITIONER
        (BY SHRI S.S. CHAUHAN - ADVOCATE )

        AND

        ABHISHEK MISHRA S/O SHRI RAMESH
        CHANDRA MISHRA , AGED ABOUT 35 YEARS,
        OCCUPATION: PVT. SERVICE 23 PANCHSEHEEL
        NAGAR   GOLE KA MANDIR,         DISTRICT
        GWALIOR (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI ARSHAD ALI - RESPONDENT)

      Th is revision coming on for hearing this day, th e court passed the
following:
                                    ORDER

The present criminal revision under section 397 r/w section 401 of Cr.P.C has been filed aggrieved by the order dated 01/09/2020 passed by Principal Judge, Family Court, Gwalior in MJC No. 173/2018, whereby, the application under section 125 of Cr.P.C. was partly allowed and the maintenance amount to the petitioner was denied from the date of filing of the application.

The relevant facts to decide this revision are that the marriage between the petitioner and the respondent was solemnized on 26/05/2013. The petitioner /

applicant has filed an application under section 125 of Cr.P.C. before the learned Family Court for grant of maintenance. The application was decided by the order impugned awarding the maintenance to the petitioner from the date of order.

Learned counsel for the petitioner argued that the order impugned is against the guidelines of the Apex Court. He has further argued that in the light of mandatory guidelines of the Supreme Court, the benefits of maintenance ought to have been granted from the date of filing of the application.

On the other hand, learned counsel for the respondent argued that in view of financial position of the respondent, the order impugned is not in accordance

with law. He has further argued that the learned Family Court has passed the order without taking any evidence in respect to the earning of the respondent. On these grounds, he prays for dismissal of the instant criminal revision.

Heard.

In the case of Rajnish vs. Neha and Anr. {Criminal Appeal No. 730 of 2020 (arising out of SLP (Cri.) No. 9503 of 2018} vide judgment dated 04/11/2020, the Apex Court has held that the "rationale of granting maintenance from the date of application finds its roots in the object of enacting maintenance legislation, so as to enable the wife to overcome the financial crunch which occurs on separation from the husband. Financial constraints of a dependent spouse hampers their capacity to the effectively represented before the Court. In order to prevent a dependent from being reduced to destitution, it is necessary that maintenance is awarded from the date on which the application for maintenance is filed before the concerned Court."

The Apex Court in the aforesaid case has laid down guidelines, according to which, the date from which maintenance is to be awarded. In the

case of maintenance, it ought to be awarded from the date of filing of the application.

In view of above, the instant criminal revision is allowed and the order impugned is partly set aside with a direction that the benefits of maintenance as awarded by the learned Family Court be granted to the petitioner from the date of filing of the application.

With the aforesaid direction, the instant revision stands allowed and disposed of.

(SUNITA YADAV)

JUDGE Durgekar SANJAY Digitally signed by SANJAY NAMDEORAO DURGEKAR DN: c=IN, o=HIGH COURT OF MADHYA

NAMDEOR PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=afa4701a2661e1fb7720c022ffc27760

AO 8ce55ba67f3594a641181b9ae8448e58, pseudonym=DA26B82C5BC4CAF69072CA5A 13CA996C4169AB06, serialNumber=1190D1488DBA862FB108ED66

DURGEKAR 262DC2DC2CB9D310D73128B3A6E7B046FCF 28227, cn=SANJAY NAMDEORAO DURGEKAR Date: 2022.06.16 15:38:17 -07'00'