Vishnu Chandra Gupta, J. - (1.) CHALLENGE in this petition under Article 226/227 of Constitution of India is the order dated 14.1.2008 passed in Criminal Revision No, 354 of 2007, Savitri Devi v. Yogendra Nath Dubey, by Additional Sessions Judge/Fast Track Court -II, Court No. 11, Sultanpur wherein the order of learned Magistrate dated 28.6.2007 passed in proceedings under Section 125, Criminal Procedure Code (for short 'Cr.P.C.') was modified to the extent that maintenance would be payable from the date of presentation of the application, i.e., from 22.5.2001 instead of from the date of order. It is not in dispute that an application under Section 125, Cr.P.C. was presented on 22.5.2001 by respondent No. 2 Smt. Savitri Devi for grant of maintenance against her husband petitioner Yogendra Nath Dubey. This application remained pending for more than 6 years. Judgment was delivered in this case awarding maintenance of Rs. 800 per month from the date of order, i.e., 28.6.2007.
(2.) THE order of learned Magistrate was challenged in Criminal Revision No. 354 of 2007 which was disposed of by the impugned judgment, whereby the order was modified as stated above. Aggrieved with this order this petition has been filed by husband/petitioner. The revisional order was assailed by the petitioner's counsel on the sole ground that revisional court while exercising Jurisdiction under Section 397, Cr.P.C. could not change the date of grant of maintenance decided by the Magistrate after exercising its discretion under Section 125(2). Cr.P.C. Discretionary order cannot be challenged unless it is shown to be against the statutory provisions or suffering from jurisdictional error or perverse. It was further submitted that in view of Section 125(2). Cr.P.C. the courts normally award the maintenance from the date of order. If the court intending to award the maintenance from the date of presentation of application, is bound to assign reasons, as is evident from the language of the Section.
(3.) ON the contrary, learned counsel appearing on behalf of private respondent vehemently submitted that the scheme of Chapter IX of Cr.P.C. if taken into account, the position would be otherwise. Normally, the award of maintenance should be made effective from the date of application, but if court awards maintenance from the date of order, reasons must be assigned.;