Baldev Singh vs Kulwant Kaur and Another

A.P. Chowdhari, J.—Baldev Singh Petitioner was married to Kulwant Kaur in the year 1981. This couple has a minor daughter Jasbir Kaur. An application u/s 125 of the Code of Criminal Procedure was made claiming maintenance for Kulwant Kaur as well as Jasbir Kaur on II-2-1988 It was contested by the husband. After recording evidence, Judicial Magistrate 1st Class, Kapurthala, by order dated 18-10-1989 allowed maintenance at the rate of Rs. 250/- per month to the wife and at the rate of Rs. 125/- per month to the daughter from the date of the order. The husband filed a revision petition against the said order. The wife also filed a revision petition claiming maintenance at enhanced rates as also for making the order effective from the date of main petition itself. By order dated 24-4-1990, the learned Additional Sessions Judge dismissed the husband''s revision petition and (sic) revision petition filed by the wife to the extent that the order was made effective from the date of the main petition, The, husband has come up in the present revision petition.

The main contention of Shri G.S. Gill, learned Counsel for the Petitioner is that there was no compelling reason for making the order effective from the date of application u/s 125. His further grievance is that in the absence of any indication in the order passed by the learned Addl. Sessions Judge, interim maintenance paid for the period in between the; date of application u/s 125 and passing of the order will not be adjusted.

I have given the matter my due consideration and I do not and any merit in the contention of the learned Counsel. In the nature of things, ordinarily the maintenance has to be made effective from the date of application. There is enabling provision of this effect in Section 125 Itself, No party should be put to a disadvantage only because of the delay which has occurred on account of the fact that the Court could not decide the application earlier than it did, It is evident that the interim maintenance, if any paid, shall have to be adjusted against the amount finally allowed by the Court. The present revision petition is dismissed with the above observations.