- (1.) B. K. Rathi, J. This revision under Sections 397/401, Cr. P. C. has been filed against the order dated 31-5-94 passed by Sri S. C. Tiwari, Judge Family Court, Kanpur Nagar in Case No. 112 of 1992 by which he allowed the maintenance at the rate of Rs. 300 per month to the wife of the ap plicant.
(2.) I have heard Sri Rajeev Sharma for the applicant, none appeared lor the op posite party, though opposite party No. 2 has been represented. Therefore, she could not be heard. It is not necessary to consider the facts in detail as the request made before me is very limited. It is contended that the maintenance has been awarded from 13-2-92. The learned Counsel for the applicant has very fairly conceded that the applicant is ready to pay the maintenance from the date of the order and further alleged that he is regularly paying the same from the date of order. Only request made before me is that the order for payment of Rs, 300 per month as maintenance may be modified so as to make it from the date of order i. e. from 31-5-94. The opposite party No. 2 has not come. Considering the difficulty of the applicant to pay the entire arrears, I accept his request and the order of Judge, Family Court is modified to the extent that the applicant shall pay the maintenance at the rate of Rs. 300 per month to opposite party No. 2 from the date of the order of the Judge Family Court i. e. from 31-5-94. It may be clarified that if the maintenance has been paid at rate of Rs. 350 per month as directed by the trial Court, it shall not be refunded or adjusted and it shall be deemed that the rate of maintenance was Rs. 350 per month for that period.
(3.) WITH theabove modification of the order, this revision is disposed of finally. Revision disposed of. .;