Del HC | Assessment under S. 125 CrPC relates back to the date of application; family court’s decisions granting maintenance from the date of order set aside

Delhi High Court: Manoj Kumar Ohri, J., allowed a criminal revision petition filed by the complainant-wife challenging the order of the family court whereby the maintenance of Rs 20,000 under Section 125 CrPC was awarded to her only from the date of the order.

The wife represented by Amitabh Kumar Verma, Advocate, contended that the family court ought to have granted the maintenance from the date of the application filed under Section 125. Per contra, Charu Bharadwaj, Advocate appearing for the respondent-husband supported the order passed by the family court.

After considering the facts of the case, the High Court reiterated: “the maintenance to a wife is not a bounty but is the award so that she can survive, it is normally to be awarded from the date of the application. In the present case, the family court, while passing the final order, has not given any reasons as to why the maintenance was awarded only from the date of the passing of the order and not from the date of filing of the petition.” It was noted that Section 354(6) CrPC requires that every final order under Section 125, should contain the pints for determination, the decision thereon and the reasons for the decision. One of the points to be determined while awarding maintenance is the time from which such maintenance is to be granted. Since the final order passed by the family court did not mention any reason or justification for the award of the maintenance from the date of the order, it was set aside only to the aforesaid limited extent.

Furthermore, placing reliance on Jaiminiben Hirenbhai Vyas v. Hirenbhai Rameshchandra Vyas, (2015) 2 SCC 385Bhuwan Mohan Singh v. Meena, (2015) 6 SCC 353Nisha Saifi v. Mohd. Shahid, 2019 SCC OnLine Del 7902; and Bimla Devi v. Shamsher Singh, 2015 SCC OnLine Del 11553, the High Court observed: “Once the court comes to a conclusion that the wife is entitled to an award of maintenance, the assessment relates back to the date of the application and as such there have to be compelling reasons for the family court to restrict the award of maintenance from the date of the order and not from the date of the application.”

In such view of the matter, the final order passed by the family court was modified to the extent that the husband will pay the maintenance to the wife amounting to Rs 20,000 from the date of the filing of the application. The husband was further directed to clear the entire amount of arrears within a period of six months. [Asha Karki v. Rajesh Karki, 2020 SCC OnLine Del 444, decided on 29-01-2020]

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