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"30. Now, no direct decision of this Court is available on the point as to from which date a Magistrate may order payment of maintenance to wife, children or parents. We may, however, refer to decisions of some High Courts.
31. It seems that there is a cleavage of opinion on the question. According to one view, since sub-section (2) of Section 125 declares that maintenance shall be payable "from the date of the order", or, "if so ordered, from the date of application for maintenance", normal rule is that a Magistrate should pass an order directing payment of maintenance only from the date of the order. If he decides to deviate that course and makes an order granting 7 apl621.17 maintenance not from the date of the order but from the date of application for maintenance, he must record reasons in support of such order (vide Mohd. Inaytullah Khan v. Salma Bano, Rameshwar v. Ramibai, Lachhmani v. Ramu, Qamruddin v. Smt. Rashida, Shyamlal v. Mansha Bai, Mohd. Ismail v. Bilquees Bano, Nitha Ranjan Chakraborty v. Smt. Kalpana Chakraborty and Samaydin v. State of U.P.)
8 apl621.17
35. In Gnanaselvi & Ors. v. Illavarasan, the High Court of Madras observed that when the wife approaches a Court claiming maintenance by filing application on the ground that she is not able to maintain herself, it is for her to prove such inability from the date of application. Hence, when the Court ultimately decides after conducting the inquiry that she is entitled to maintenance, the said decision must necessarily be based upon the material showing that the wife was unable to maintain herself when she filed an application. As a general rule, therefore, the Magistrate should pass an order directing maintenance from the date of application. It was also observed that the remedy is a speedy remedy and summary procedure is provided by the statute. Despite this, usually, in such proceedings, the Court notices that the husband does not allow the proceedings to go on by raising one objection or the other. The Court is required to deal with all such objections, which takes time. Again, even after the order is passed, the husband rushes to the higher forum and challenges it. Sometimes, he obtains interim orders which results in further delay. The deserted wife and children are the sufferers who seek shelter of the protective umbrella provided by Section 125 of the Code. If maintenance is not granted from the date of application, the weaker sections are sure to lose confidence in the justice delivery system. The Court noted the deep concern expressed by this Court in P.N. Duda v. P. Shiv Shankar, that "justice cries in silence for long, far too long".

43. 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

6. In Shail Kumari Devi v. Krishan Bhagwan Pathak 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 Kumari 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."