Thanks Nitish Sir and Mr. Joshi.
Further query on he same lines:
The lower court ordered Rs.A to wife and Rs.B to child with reasons. and also mentioned the effective date of paybles from the date of application.
Aggreviated by this order, husband filed revision application in Sessions court where court ordered follwoing:
The wife is capable and earning so lower court order to grant maintenance of Rs.A to wife is dismissed. The order of Rs.B/month to child is kept as it is.
However this judgement from Sessions court does not mention anything about the effective date of payment for the child.
Now, having clarified the case details with above information, do you've any further comments?
Here is my reference point from SC judgement:
IN THE SUPREME COURT OF INDIA 19-Nov-2014 --- Jaiminiben Hirenbhai Vyas & Anr vs Hirenbhai Rameshchandra Vyas
6. The provision expressly enables the Court to grant maintenance from the date of the order or
from the date of the application. However, Section 125 of the Cr.P.C. must be construed with
sub-section (6) of Section 354 of the Cr.P.C. which reads thus:
354 (6) Language and contents of judgment - Every order under Section 117 or sub-section (2) of Section 138 and every final order made under Section 125, Section 145 or Section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision. Therefore, every final order under Section 125 of the Cr.P.C. [and other sections referred to in sub-section (c) of Section 354] must contain points for determination, the decision thereon and the reasons for such decision. In other words, Section 125 and Section 354 (6) must be read together.
7. Section 125 of the Cr.P.C., therefore, impliedly requires the Court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts. For good reason, evident from its order, the Court may choose either date. It is neither appropriate nor desirable that a Court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of maintenance. Thus, as per Section 354 (6) of the Cr.P.C., the Court should record reasons in support of the order passed by it, in both eventualities. The purpose of the provision is to prevent vagrancy and destitution in society and the Court must apply its mind to the options having regard to the facts of the particular case.
8. In Shail Kumari Devi v. Krishan Bhagwan Pathak,[1] this Court dealt with the question as to from which date a Magistrate may order payment of maintenance to wife, children or parents. In Shail Kumar Devi, this Court considered a catena of decisions by the various High Courts, before arriving at the conclusion that it was incorrect to hold that, as a normal rule, the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance. It is, therefore, open to the Magistrate to award maintenance from the date of application. The Court held, and we agree, that if the Magistrate intends to pass such an order, he is required to record reasons in support of such Order. Thus, 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.
Thank you,
- Sunil
