Kamla v. Rati Ram : 2013 (1) DLT (Crl) 1023 : 2013 (2) DMC 1 (CN) : 2013 (2) LRC 270(Del)
Section 125-Interim maintenance-Order of Magistrate Granting Interim Maintenance to wife from date of filling of Application was Modified by Sessions Judge by Altering date of Payment to date of service of Respondent-Petition to quash order-Since the Magistrate had come to conclusion that petitioner-wife had not given correct address of her husband and so suo moto ex parte proceedings were recalled and fresh notice was ordered to be sent to him at his correct address as given by petitioner in her affidavit by way of ex parte evidence-No scope of interference in order of Revisional court- petition dismissed.
Held : There is no scope for any interference in the order of the revisional Court since the Magistrate himself had come to the conclusion that the petitioner-wife had not given correct address of her husband and so suo moto ex parte proceedings were recalled and fresh notice was ordered to be sent to him at his correct address as given by the petitioner in her affidavit by way of ex parte evidence. He was then served on 4-5-2009 and from that date interim maintenance was ordered to be paid by the revisional Court though it should have been ordered to be paid from the date of the order dated 22-09-2009 since under Section 125(2) Cr.P.C. interim maintenance can be granted either from the date of the order of the Court or from the date of the application. Since the respondent-husband had not felt aggrieved I am not inclined to interfere and change the date of payment of interim maintenance to the date of order of the maintenance passed by the Magistrate.