- (1.) The present revisional application has been directed against an order dated 25.8.2000 passed by the learned Judicial Magistrate, 6th Court, Howrah in Misc. Execution Case No. 103 of 2000. The present opposite party No. 1 filed an application for maintenance under Section 125 Cr.P.C. against her husband @ Rs. 1500/- per month. The O.P. No. 1 also filed an application for interim maintenance from her husband during pendency of the proceeding under Section 125 Cr.P.C. On such application interim maintenance was granted at the rate of Rs. 500/- per month. Thereafter the original proceeding under Section 125 Cr. P.C. was finally disposed of by the learned Magistrate, who by an order dated 23.3.98 dismissed the said application under Section 125 Cr.P.C. The opposite party No. 1 thereafter preferred a revisional application before the learned Sessions Judge challenging the order passed by the learned Magistrate. The learned Sessions Judge by his order dated 25.8.99 dismissed the revisional application and affirmed the order passed by the learned Magistrate.
(2.) The present O.P. No. 1/wife thereafter preferred a revisional application before the Court being C.R.R. No. 2243 of 1999. The revisional application was allowed by this Court by an order dated 15.3.2000. This Court remanded the matter back to the learned Magistrate with a direction to consider the matter afresh on the basis of the evidence already on record. This Court further directed the present petitioner/husband to pay Rs. 1500/- per month to the opposite party/wife as interim maintenance till the proceeding under Section 125 Cr.P.C. is concluded by the learned Magistrate as per direction of this Court. The present opposite party No. 1 thereafter filed an application before the learned Magistrate under Section 125(3) of the Code of Criminal Procedure thereby claiming a sum of Rs. 68,500/- from the present petitioner. On such application an execution proceeding was initiated which was numbered as Misc. Execution Case No. 103 of 2000. Thereafter the present O.P. No. 1 filed a further petition in the said Misc. Execution Case claiming arrears maintenance with effect from 2.12.1995, i.e., from the date of filing original application under Section 125 Cr.P.C. The learned Judicial Magistrate, 6th Court, Howrah by his order dated 25.8.2000 held that in view of the judgment and order dated 15.3.2000 passed by this Court in C.R.R. No. 2243 of 1999 the petitioner/husband was liable to pay maintenance allowance of Rs. 68,500/- as prayed for by the wife and fixed 26.9.2000 as the date fixed for payment. Challenging such order passed by the learned Magistrate the petitioner/husband has come up before this Court in revision.
(3.) Now, the only point which is to be decided by this Court is whether the O.P. No. 1/wife is entitled to interim maintenance at the rate of Rs. 1500/- per month from the date of filing of application under Section 125 Cr.P.C. in view of the judgment and order dated 15.3.2000 passed by this Court, or such interim maintenance is to be paid by the husband/petitioner from the date of the order passed by this Court, i.e. from 15.3.2000.;