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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