CHHEDAN YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 25.04.2016 passed in Cr. Miscellaneous No.66 of 2014 by which he has been directed to pay Rs.3,500/- per month to his wife as maintenance allowance from the date of the application.

(2.) Order dated 22.01.2020 records that the learned counsel for the petitioner has confined his argument only to the issue whether the order granting maintenance to the petitioner's wife from the date of application is correct.

(3.) Sub-Section (2) of section 125 of the Code of Criminal Procedure provides that 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. The expression "if so ordered" reflects the legislative intendment under section 125 of the Code of Criminal Procedure. The object behind section 125 of the Code of Criminal Procedure is to ensure that a wife or minor child does not suffer destitution, but for awarding maintenance from the date of application the law requires that adequate reasons should be recorded.