G.S.SARRAF, J. - (1.) THIS criminal revision petition is directed against the judgment dated 3.8.2007 passed by Family Court No. 1, Jaipur in regular case No. 199/2002 whereby the application of the respondent filed under Section 125, Cr.P.C. has been allowed and the petitioner has been ordered to pay the respondent maintenance allowance @ Rs. 5,000 per month from the date of filing of the application i.e. 12.6.2002.
(2.) HEARD learned Counsel for the petitioner and learned Counsel for the respondent. Learned Counsel for the petitioner contends that under Section 125, Cr.P.C. maintenance allowance should be awarded from the date of order and not from the date of application without assigning any reason and in this case as the Family Court has not assigned any reason, therefore, the maintenance allowance should be made payable from the date of order. He has placed reliance on a decision of the Division Bench of this Court Qamruddin v. Smt. Rashida II(1992) DMC 328 : 1992 (1) WLC (Raj.) 305. He further contends that the maintenance awarded to the respondent is excessive because, according to him, it should not exceed one -fifth of the income of the petitioner.
(3.) LEARNED Counsel for the respondent supports the impugned judgment and submits that the Court has discretion to allow maintenance from the date of application and it is not necessary for the Court to give reasons. He relies on Smt. Savita Sharma v. Shri Krishan Murari 1990 (1) RLR 400. He further submits that looking to the income of the petitioner the monthly maintenance amount awarded by the Family Court is not excessive.;