- Criminal Revision No. 579/2017 & Criminal Miscellaneous Appeal No. 12671/2017
- Coram: Hon'ble Mr. Justice Sanjeev Sachdeva
Contentions raised by the Petitioner
- The petitioner husband had challenged the order of the Trial Court whereby it is contended that the respondent was already receiving maintenance of Rs.15,000/- under orders passed in an application under Section 125 Cr.PC.
- The petitioner contends that the respondent was already receiving a sum of Rs 15,000 and the order should not have related back to the date of the application but should have been from the date of the order.
Contentions raised by the Respondent
- The respondent contends that even the amount of Rs 15,000 has not been fully paid by the petitioner.
Judgment
The court held that the object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. For the court to award maintenance from the date of the order there have to be compelling circumstances for the court to take such a view. Maintenance awarded to a wife is not a bounty. It is awarded to her so that she can survive.
