KAMRUDDIN Vs. STATE OF UP
LAWS(ALL)-2009-8-64
HIGH COURT OF ALLAHABAD
Decided on August 12,2009

KAMRUDDIN Appellant
VERSUS
STATE OF UP Respondents

JUDGEMENT

RAJESH CHANDRA, J. - (1.) THIS application under section 482 Cr. P.C. has been filed with a prayer that the order dated 12.6.2009 passed by the Additional Sessions Judge, Jaunpur in Criminal Revision No.14 of 2007, Waheeda Vs. State of U.P. may be stayed.
(2.) IN brief the facts of the case are that Smt. Waheeda moved an application under section 125 Cr. P.C. against her husband Kamruddin in the Court of Judicial Magistrate 1st, Jaunpur. That application was decided on merit vide order dated 2.12.2006. The Magistrate rejected the application of Smt. Waheeda for her maintenance, but allowed the application for maintenance of her daughters Km. Hina and Km.Rina. Against that order Criminal Revision No.14/2007 was filed which was ultimately decided by the Additional Sessions Judge, Court No.4, Jaunpur. The revision was allowed and Smt.Waheeda was also allowed maintenance @ Rs.2000/- p.m. from the date of her application i.e.14.8.2002. In this application under section 482 Cr. P.C. this order of the Additional Sessions Judge, Jaunpur passed on12.6.2009 has been challenged. The contention of the applicant is that as a normal rule the maintenance should be allowed from the date of order and if the maintenance is granted from the date of application moved under section 125 Cr. P.C. then special reasons should be given by the Court.
(3.) I have considered over the matter and also heard the learned counsel for the applicant.;


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