Rampada Biswas v. Dolly Mitra : (1999) (2) DMC 689 : 1999 (2) HLR 73 : 1999 (3) RCR (Cri) 1 : 1998 (2) AICLR 737 : 1999 (4) CCR 206 : 1998 (1) CHN 230 : (1998) 2 AICLR 737 : (1999) CalCriLR 119 : 1997 LRC Online 11 (Cal)
Section 125---Maintenance---Enhancement---Order of giving retrospective effect to the maintenance without assigning any reason--- Illegal
Held : Regarding the third branch of argument, it goes without saying that the order of giving retrospective effect to the maintenance and that also at the rate of Rs. 750/- per month in the face of the amendment to Section 125 of the Criminal Procedure Code having been introduced w.e.f. 22nd of April, 1993 the course is not in accordance with law and also for an interference by this Court since it suffers from illegality and impropriety. The award of maintenance was passed on 24th of August, 1994, ordinarily, such an order is to be prospective in nature but in the event the Trial Court intends to give a retrospective effect reason need be assigned. In the present case, no reason has at all been assigned while giving effect to the award at an enhanced rate which was even against the statute from a period which dated back to more than seven years. Therefore, that portion of the order must be set aside.