M.N. Bhandari, J. - (1.) BY this revision petition, a challenge is made to the order dt. 31.10.2012 passed by Family Court, Kota. It was on an application under Sec. 125 Cr.P.C. Learned Counsel for petitioner submits that maintenance has been awarded from the date of application, whereas it should be only from the date of order unless specific reasons are recorded. A reference of Division Bench judgment in the case of Qamruddin vs. Srimati Rashida, reported in 1992 (1) WLC (Raj.) 305 has been given.
(2.) IT is further stated that income of petitioner has not been properly assessed as he is earning only Rs. 100 -150/ - per day, thus, award of Rs. 2,000/ - per month towards maintenance is excessive, hence, impugned order may be set aside. I have considered the submission of learned counsel for petitioner and perused the record.
(3.) THE first issue is as to whether maintenance can be given only from the date of order or can be from the date of application. For that purpose, Section 125 Cr.P.C. which is relevant, is quoted hereunder: 125. Order for maintenance of wives, children and parents. -(1) If any person leaving sufficient means neglects or refuses to maintain - (a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself,;