Barkat Ali Zaidi, J. - (1.) IN a case (220 of 2002) under section 125 Criminal Procedure Code the Magistrate (Additional Civil Judge -III), Pratapgarh granted maintenance from the date of application. The husband has now come to this Court under section 482, Cr.P.C. seeking to set aside the order of Sessions Judge (Fast Track Court -II), Pratapgarh for payment of maintenance form the date of application which is 4.6.1998.
(2.) I have heard Sri Pradeep Chandola, learned Counsel for the husband applicant and Sri Abid Ali, Advocate for the wife respondent. The only question argued at the bar is whether payment is to be made from the date of order, or fro the date of application. That is the only controversy between the parties here.
(3.) THE law is that normally the order for maintenance, is to be made, from the date of the order but payment can be ordered from the date of application for specific reasons. The Sessions Judge has noted in his order that case remained pending for about 6 years and the delay in disposal of case was caused because of dilatory attitude of the husband and since he is responsible for the delay, the wife should not be allowed to suffer, and the payment should be made from the date of application.;