Masood Ahmad Khan has filed this revision against the judgment dated 06.12.2006 passed by Principal Judge, Family Court, Meerut allowing the application of the opposite party no. 2, Smt. Rehana moved under Section 125 of the Code of Criminal Procedure. The lower Court has allowed Rs. 5,000/- per month as maintenance from the date of application i.e. 24.08.2002.
In this revision I have heard counsel for the revisionist, Sri Anuj Bajpai, Counsel for the opposite party no. 2, Sri Anil Malik and learned A.G.A.
The learned counsel for the revisionist vehemently argued that the order of the lower Court in allowing the maintenance from the date of application is illegal as no reasons have been assigned for the same. His contention is that until and unless special grounds exist, the maintenance ought to have been allowed from the date of the order. In reply the learned counsel for the opposite party no. 2 relied upon the judgment of Hon'ble Supreme Court in Shail Kumari Devi and Another V/s. Krishan Bhagwan Pathak @ Kishun B. Pathak in which it has been held that it is open to the Magistrate to award maintenance from the date of application and there is nothing which requires recording of special reasons.
The Hon'ble Apex Court further held as under:-
"We, therefore, hold that while deciding an application under Section 125 of the Code, a Magistrate is required to record reasons for granting or refusing to grant maintenance to wives, children or parents. Such maintenance can be awarded from the date of the order, or, if so ordered, from the date of the application for maintenance, as the case may be. For awarding maintenance from the date of the application, express order is necessary. No special reasons, however, are required to be recorded by the Court. In our judgment no such requirement can be read in sub-section (1) of Section 125 of the Code in absence of express provision to that effect."
During the course of arguments the Court endeavoured that the parties come to an agreement as to the date from which the maintenance may be allowed. The learned counsel for both the parties fairly agreed that the maintenance may be allowed from 01.01.2005 at the rate of Rs. 5,000/- per month instead of 24.08.2002.
In view of the said agreement between the parties the revision is partly allowed and the judgment of the Family Court, Meerut is modified to the extent that the date of payment of maintenance shall be 01.01.2005 instead of 24.08.2002 as ordered by the Family Court, Meerut.
The payments shall be as under:-
(I) The revisionist shall be paying Rs. 5,000/- per month as maintenance in every first week of the month.
(II) The arrears of the maintenance up to 31.05.2010 shall be paid in five monthly installments and the first installment shall be paid in the first week of June, 2010.
(III) If any default is made then the opposite party (wife) shall be entitled to recover the entire money as per the procedure provided in law.
Order Date :- 10.5.2010 M/A.