- (1.) B. K. Kathi, J. This is a revision under Sections 397/401, Cr. P. C. against the order dated 10-6-1994 passed by the Judge, Family Court, Jhansi awarding maintenance to opposite party No. 2 at the rate of Rs. 300 per month from the revisionist from the date of the application by an order dated 10-6-1994 passed under Section 125, Cr. P. C.
(2.) 1 have heard Sri VS. Singh, learned counsel for the revisionist and Sri S. C. Srivastava, learned counsel for opposite party No. 2 and have perused the record. The first contention is that the amount of Rs. 300 per month maintenance is excessive, and request has been made to reduce the same to Rs. 200. In my opinion there is no sufficient ground for the same. The award of Rs. 300 per month as main tenance was made in the year 1994. Since then there has been great rise in the prices. The request of reduction of amount is, therefore, dismissed without being ex amined in detail. The next argument of the learned counsel for the revisionist is that the learned Judge, Family Court has directed that the maintenance will be paid for the date of application. It is contended that no reason has been recorded for award of the maintenance from the date of application. That this Court has held that the reasons should have been recorded. The Division Bench of this Court in the case of "jagat Narain v. Sessions Judge, Manipuri, 1998 ACC 282", has held that the Magistrate should assign reasons for granting main tenance from the date of application.
(3.) HOWEVER, the judgment shows that no reason for payment of maintenance has been recorded from the date of application. Therefore, the order of the Judge, Family Court dated 10-6-1994 is modified only to the extent that the maintenance shall be payable from the date of the order Le. , 10-6-1994. HOWEVER, it may be clarified that the previous maintenance, which has already been paid to opposite party No. 2, shall neither be recovered nor shall be adjusted in the maintenance ac crued after 10-6-1994. 6, The revision is accordingly dis posed of. Revision disposed of. .;