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1 - 9 of 9 (0.23 seconds)Rajnesh vs Neha on 4 November, 2020
"17. This brings us to the next question, i.e., from which date
will the maintenance be payable - the date of the application or
the date of the Order? The appellant has contested the direction
of the Family Court wherein it has made the maintenance
payable from the date of the order instead of the date of
application. Of course, Section 125(2) of the Code empowers
the Court to award maintenance from the date of the order but
the same has to be justified in the background of the attendant
facts and circumstances and should not cause unnecessary
hardship to the applicant. In our view, Section 125 of the Code
is a beneficial piece of legislation which has been enacted to
protect the wife and children from destitution and vagrancy
and, in the usual course, it would not be appropriate to
disadvantage the applicant for the delay in the disposal of the
application by the judicial system. It would be beneficial to
reproduce the relevant discussion in Rajnesh v Neha, (2021) 2
SCC 324, which is extracted hereunder:
Section 127 in The Code of Criminal Procedure, 1973 [Entire Act]
Shail Kumari Devi & Anr vs Krishan Bhagwan Pathak @ Kishun B Pathak on 28 July, 2008
In Shail Kumari Devi v. Krishan Bhagwan Pathak
[Shail Kumari Devi v. Krishan Bhagwan Pathak, (2008) 9
SCC 632: (2008) 3 SCC (Cri) 839], this Court held that
the entitlement of maintenance should not be left to the
uncertain date of disposal of the case. The enormous delay
in disposal of proceedings justifies the award of
maintenance from the date of application.
The Code of Criminal Procedure, 1973
Parvez Shahjahan vs State Of Up on 3 March, 2023
15. It is though correct that the decision in Rajnesh v. Neha
(supra) was rendered after the passing of the Family Court‟s order in
the present case, however, as subsequently clarified in Shahjahan v.
State of Uttar Pradesh (supra), the principles laid down in Rajnesh
v. Neha (supra) are declaratory of the legal position and intended to
bring uniformity and consistency in maintenance jurisprudence. The
Hon‟ble Supreme Court has categorically observed that maintenance
should ordinarily be awarded from the date of filing of the
application, since the pendency of proceedings is not within the
control of the claimant.
Bhuwan Mohan Singh vs Meena & Ors on 15 July, 2014
In Bhuwan
Mohan Singh v. Meena, this Court held that repetitive
adjournments sought by the husband in that case resulted in
delay of 9 years in the adjudication of the case. The delay in
adjudication was not only against human rights, but also
against the basic embodiment of dignity of an individual. The
delay in the conduct of the proceedings would require grant of
maintenance to date back to the date of application.
Parvez Shahjahan And 4 Others vs State Of U.P. And Another on 6 October, 2023
In Shahjahan v. State of Uttar Pradesh & Anr.: 2025 INSC
528, the Hon‟ble Supreme Court considered the issue regarding the
date from which maintenance under Section 125 of Cr.P.C. ought to
be made payable. The relevant observations are extracted herein
CRL.REV.P. 520/2024 Page 7 of 14
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:27.02.2026
19:53:14
below:
Badshah vs Sou. Urmila Badshah Godse & Anr on 18 October, 2013
In Badshah v. Urmila Badshah Godse [Badshah v.
Urmila Badshah Godse, (2014) 1 SCC 188: (2014) 1 SCC
(Civ) 51], the Supreme Court was considering the
interpretation of Section 125 CrPC. The Court held: (SCC
p. 196, para 13) "13.3. ... purposive interpretation needs to
be given to the provisions of Section 125 CrPC. While
dealing with the application of a destitute wife or hapless
children or parents under this provision, the Court is
dealing with the marginalised sections of the society. The
purpose is to achieve "social justice" which is the
constitutional vision, enshrined in the Preamble of the
Constitution of India. The Preamble to the Constitution of
India clearly signals that we have chosen the democratic
path under the rule of law to achieve the goal of securing
for all its citizens, justice, liberty, equality and fraternity. It
specifically highlights achieving their social justice.
Therefore, it becomes the bounden duty of the courts to
advance the cause of social justice. While giving
interpretation to a particular provision, the court is
supposed to bridge the gap between the law and society."
(emphasis supplied)
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