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2020 DIGILAW 246 (JHR)

Chhedan Yadav @ Chhodan Yadav, son of Shankar Yadav v. State of Jharkhand

2020-02-07

SHREE CHANDRASHEKHAR

body2020
JUDGMENT : The petitioner has challenged the judgment dated 25.04.2016 passed in Cr. Miscellaneous No.66 of 2014 by which he has been directed to pay Rs.3,500/- per month to his wife as maintenance allowance from the date of the application. 2. Order dated 22.01.2020 records that the learned counsel for the petitioner has confined his argument only to the issue whether the order granting maintenance to the petitioner's wife from the date of application is correct. 3. Sub-section (2) of section 125 of the Code of Criminal Procedure provides that maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. The expression “if so ordered” reflects the legislative intendment under section 125 of the Code of Criminal Procedure. The object behind section 125 of the Code of Criminal Procedure is to ensure that a wife or minor child does not suffer destitution, but for awarding maintenance from the date of application the law requires that adequate reasons should be recorded. 4. In “Jaiminiben Hirenbhai Vyas Vs. Hirenbhai Rameshchandra Vyas” reported in (2015) 2 SCC 385 , the Hon'ble Supreme Court has observed as under: “4. .....The provision expressly enables the Court to grant maintenance from the date of the order or from the date of the application. However, Section 125 CrPC must be construed with sub-section (6) of Section 354 CrPC which reads thus: “354. Language and contents of judgment.— (6) Every order under Section 117 or subsection (2) of Section 138 and every final order made under Section 125, Section 145 or Section 147 shall contain the point or points for determination, the decision thereon and the reasons for the decision.” (emphasis supplied) Therefore, every final order under Section 125 CrPC [and other sections referred to in sub-section (c) of Section 354] must contain points for determination, the decision thereon and the reasons for such decision. In other words, Section 125 and Section 354(6) must be read together. 5. Section 125 CrPC, therefore, impliedly requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts. For good reason, evident from its order, the court may choose either date. In other words, Section 125 and Section 354(6) must be read together. 5. Section 125 CrPC, therefore, impliedly requires the court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts. For good reason, evident from its order, the court may choose either date. It is neither appropriate nor desirable that a court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of maintenance. Thus, as per Section 354(6) CrPC, the court should record reasons in support of the order passed by it, in both eventualities. The purpose of the provision is to prevent vagrancy and destitution in society and the court must apply its mind to the options having regard to the facts of the particular case.” 5. In the judgment dated 25.04.2016, the learned Principal Judge, Family Court, Deoghar has not recorded any reason why maintenance to wife of the petitioner is awarded from the date of the application and, accordingly, this part of the judgment is set-aside. However, the quantum of maintenance as awarded to O.P. No.2, that is, Rs.3,500/- per month is affirmed. 6. With this modification in the judgment dated 25.04.2016, Cr. Rev. No.776 of 2016 stands partly allowed.