AJIT KUMAR Vs. KIRTI BAI

JUDGEMENT

(1.) In a proceeding initiated under Section 125 of the Code of Criminal Procedure, 1973 (henceforth 'Cr.P.C.') by non-applicant Kirti Bai claiming an allowance for maintenance from her son applicant Ajit Kumar, the Family Court, Ambikapur, by impugned, order dated 26-8-2011 passed in Miscellaneous Criminal Case No. 80 of 2008, granted an allowance of Rs. 1,200 per month for maintenance from 17-7-2008, i.e. the date of filing the application under Section 125, Cr. P.C. by the mother.

(2.) Shri Ajay Kumar Pandey, learned counsel appearing for the applicant/son would submit that the monthly allowance for maintenance granted at the rate of Rs. 1.200 per month from the date of the application is contrary to Section 125(2), Cr. P.C. as no special reason has been recorded for granting the allowance for maintenance from the date of the application. He would also impugn the quantum of the allowance granted to the non-applicant/mother for maintenance.

(3.) On the other hand, Shri Shakti Raj Sinha, learned counsel appearing for the non-applicant/mother, opposing the contention raised against the quantum of the allowance granted for maintenance, would submit that by virtue of Section 125(2), Cr. P.C. only an express order granting the allowance for maintenance from the date of the application is required and no special reason is required to be recorded and as such, the revision deserves to be dismissed.