Section 125 of the Cr.P.C. - Granting of maintenance from the date of Application/Order - Trial court not granted maintenance as the wife found doing job before marriage - High court reversed the same but order maintenance from the date of order only - Apex court held that it was incorrect to hold that, as a normal rule, the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance - High Court has not given any reason for not granting maintenance from the date of the application. We are of the view that the circumstances eminently justified grant of maintenance with effect from the date of the application in view of the finding that the Appellant had worked before marriage and had not done so during her marriage. There was no evidence of her income during the period the parties lived as man and wife.
Section 125 of the Cr.P.C. - Granting of maintenance from the date of Application/Order - Trial court not granted maintenance as the wife found doing job before marriage - High court reversed the same but order maintenance from the date of order only - Apex court held that it was incorrect to hold that, as a normal rule, the Magistrate should grant maintenance only from the date of the order and not from the date of the application for maintenance - High Court has not given any reason for not granting maintenance from the date of the application. We are of the view that the circumstances eminently justified grant of maintenance with effect from the date of the application in view of the finding that the Appellant had worked before marriage and had not done so during her marriage. There was n...