- (1.) FACTS OF THE CASE ARE AS UNDER: Jangir Kaur Petitioner on her behalf and on behalf of her minor daughter Amarjit Kaur put in petition on 16-4-1970 under Sec. 488 of the Crimial P.C. praying that the respondent be ordered to pay Rs. 400.00 P.M. as maintenance to her. By order dated 30-8-1972 Shri D.P. Goel judicial Magistrate, 1st Class, Sangrur, ordered the respondent to pay Rs. 75.00 as maintenance for her and Rs. 25.00 P.M. as maintenance for the minor girl. Payment was ordered to be made from the date of the order. The Proceedings are forwarded to the High Court in revision on the following grounds:-
(2.) I have discussed the facts of the case in my separate judgment of date in cross revision petition filed by Bhura Singh respondent to this petition and have dismissed the same on merits. So far as this petition is concerned, while I do not purpose to interfere with the order so far as the quantum of maintenance is concerned, there is apparently no idea of disallowing maintenance is concerned, there is apparently no idea of disallowing maintenance to the petitioner during the pendency of the proceedings before the learned Magistrate. According to the petitioner the respondent had turned them out from his house after giving them beating one year earlier to the filing of the present petition. So that she has been living without proper maintenance even during that period. The petitioner should therefore, have been granted maintenance from the date of the presentation of the petition in the lower Court because disallowing maintenance for the period of pendency of the proceedings would give premium to the husband who would try to delay the proceedings, which in this case took about 28 months an unreasonably long period.
(3.) RECOMMENDATION: I, would, therefore, recommend that the maintenance should be ordered to be paid from the date of filing of this application before the learned Magistrate i.e 16-4-1970.;