Rajasthan High Court - Jaipur
Brij Mohan vs Gulbo on 29 June, 2011
S.B. CRIMINAL MISC. PETITION NO.2041/2008 (Brij Mohan Versus Gulbo) Date of Order :: 29th June, 2011 Present Hon'ble Mr. Justice Mahesh Bhagwati Mr. Amit Mathur, for the petitioner
Challenge in this Criminal Misc Petition is to the order dated 22nd January, 2008, whereby the learned trial court allowed the application for interim maintenance filed by the respondent-wife and directed the petitioner- husband to grant interim maintenance from the date of filing the application.
Having heard the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that sub-section (2) of Section 125 envisages that any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
In view of the aforesaid legal position, the learned trial court is found to have rightly exercised his jurisdiction directing the petitioner-husband to pay the -2- interim maintenance from the date of application.
There does not appear to be any perversity or illegality in the impugned order and hence, the criminal misc. petition filed by the petitioner U/s. 482 of CrPC being bereft of any merit, deserves to be dismissed, which stands dismissed accordingly.
(Mahesh Bhagwati), J.
D