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2010 DIGILAW 3333 (MAD)

RAMAYEE v. GOVINDASAMY

2010-08-03

C.T.SELVAM

body2010
JUDGMENT : C.T. Selvam, J. This Revision challenges the order passed u/s 125, Cr.P.C. granting maintenance to the Petitioners. The Court below directed payment of maintenance by the Respondent/husband to the Petitioners herein, who are respectively his wife and child, to the tune of Rs. 750 each per month and also a sum of Rs.1,500 per annum to each of them towards clothing/education/medical needs, from the date of the order, i.e. 6.9.2008. The Petition seeking maintenance in M.C. No. 12 of 2005 on the file of the Judicial Magistrate Court, Tiruttani, was moved on 12.12.2005. 2. Heard the learned Counsel on either side and perused the materials placed on record. 3. The learned Counsel appearing for the Petitioners submitted that the Court below was wrong in ordering payment of maintenance from the date of the order and that the same ought to have been ordered from the date of Petition. In support of such contention, the learned Counsel relied upon a decision of the Supreme Court in Shail Kumari Devi and Another Vs. Krishan Bhagwan Pathak @ Kishun B. Pathak, AIR 2008 SC 3006 4. Learned Counsel for the Respondent would state that a Petition stands moved by the Respondent seeking an order of declaration of nullity of marriage. Learned Counsel further submitted that till a decision upon such Petition is taken, this Court need not interfere with the order passed by the Court below and prayed for dismissal of the Revision. 5. I find sufficient force in the contention made by the learned Counsel for the Petitioner. Except for special reasons stated in the order, relief ought to have been granted from the date on which the same is sought. I do not find any special reasons assigned by the Court below. Therefore, the Revision stands allowed and the order dated 6.9.2008 passed in M.C. No. 12 of 2005 by the Judicial Magistrate, Tirutanni, Tiruvallur District, is modified directing payment of maintenance to the Petitioners from the date of Petition, i.e. 12.12.2005. In all other respects, such order shall stand confirmed. No costs.