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"It is true that there is no express provision in the Code which authorises a magistrate to make an interim order directing payment of maintenance pending disposal of an application for maintenance. The Code does not also expressly prohibit the making of such an order. The question is whether such a power can be implied to be vested in a magistrate having regard to the nature of the proceedings under Section 125 and other cognate provisions found in Chapter IX of the Code which is entitled "Order For Maintenance of Wives, Children and Parents". Section 125 of the Code confers power on a magistrate of the first class to direct a person having sufficient means but who neglects or refuses to maintain (i) his wife, unable to maintain herself, or (ii) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (iii) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself or (iv) his father or mother, unable to maintain himself or herself, upon proof of such neglect or refusal, to pay a monthly allowance for the maintenance of his wife or such child, father or mother, as the case may be, at such monthly rate not exceeding five hundred rupees in the whole as such magistrate thinks fit. Such allowance shall be payable from the date of the order, or, if so ordered from the date of the application for maintenance".

33. 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.

34. 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 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, 1983 Jab LJ 55, Rameshwar v. Ramibai, 1987 CrLJ 1952 (MP), Lachhmani v. Ramu, (1983) 1 Crimes 590 MP, Qamruddin v. Smt. Rashida, (1992) 1 WLC 305 (Raj), Shyamlal v. Mansha Bai, 1998 CrLJ 2704 (Raj), Mohd. Ismail v. Bilquees Bano, 1998 CrLJ 2803 (All), Nitha Ranjan Chakraborty v. Smt. Kalpana Chakraborty, 2002 CrLJ 4768 (Cal), Samaydin v. State of U.P. & Anr., 2001 CrLJ 2064 (All)].

37. Some other High Courts, have taken a contrary view. It was held that normally, maintenance should be granted from the date of the application and not from the date of the order. If the Magistrate is inclined to make an order granting maintenance from the date of the order and not from the date of application, he should record reasons to do so.

38. In Gnanaselvi & Ors. v. Illavarasan, (1999) 1 Crimes 22 (Mad), 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, (1988) 3 SCC 167 that "justice cries in silence for long, far too long".

47. 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 (l) of Section 125 of the Code in absence of express provision to that effect.