- (1.)THIS revision has been preferred by the applicant/wife against the order dated 2nd July, 1999 passed by XV Additional District Judge, Indore, Criminal Revision No. 49/1998 arising out of the order dated 26th November, 1998, passed by the learned Judicial Magistrate, First Class, Indore in Misc. Criminal Case No. 13/1998.
(2.)THE essential facts succinctly are mentioned for disposal of this revision as follows : On the application filed under Section 125 of the Code of Criminal Procedure (for short, "the Code") by the applicant/wife in Misc. Criminal Case No. 457/ 1998, an order dated 15th October, 1992 for grant of maintenance @ 400/- per month from the date of the order, was passed wherein litigation cost of Rs. 500/- has also been imposed. Pursuant to the aforesaid order, on 29th December, 1994, an application for recovery was filed. On 10th January, 1994, non-applicant/ husband deposited Rs. 5,700/vide receipt No. 43 book No. 6093 in the CCD A/c. This amount was for the period from 15th October, 1992 to 14th October, 1993 including the cost of litigation as Rs. 500/ -.
(3.)APPLICANT/wife, aggrieved by the order dated 15th October, 1992, granting initial amount of maintenance, filed a revision praying for grant of maintenance amount from the date of application. The said Criminal Revision No. 12/1993 was allowed in favour of the applicant by order dated 27th April, 1994 and the learned Revisional Court ordered for payment of maintenance from the date of filing of the application i. e. 1st July, 1985. Thereafter, the applicant submitted an application on 2nd May, 1995 for amendment in the application for recovery filed on 29th December, 1992. This amendment was allowed by the learned Trial Court. After this amendment, recovery warrant was issued for the amount due from 1st July, 1985 @ Rs. 800/- per month.