Case Note & Summary
The petitioner, Shaikh Siraj Shaikh Burhanoddin, filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging an interim maintenance order passed by the Magistrate under Section 125 of the Code of Criminal Procedure, 1973 (CrPC). The Magistrate had directed the petitioner to pay maintenance to the respondents, his wife and another, from the date of the original maintenance application. The petitioner argued that the interim maintenance should have been made payable from the date of the application for interim maintenance, not from the date of the original application. The respondents did not dispute this contention. The court, after hearing both sides, held that while the Magistrate has discretion under Section 125(1) CrPC to award maintenance from either the date of application or the date of order, in the context of interim maintenance, it is appropriate to direct payment from the date of the application for interim maintenance. The court modified the impugned order accordingly, directing that maintenance be paid from the date of the application for interim maintenance. The petition was allowed in part, and the rule was made absolute in those terms.
Headnote
A) Criminal Procedure - Maintenance - Interim Maintenance - Section 125 CrPC - Date from which interim maintenance is payable - The petitioner challenged an interim maintenance order directing payment from the date of the original application. The court held that interim maintenance can be granted from the date of the application for interim maintenance, not necessarily from the date of the original maintenance application. The court modified the order to direct payment from the date of the interim maintenance application. (Paras 3-4)
Issue of Consideration
Whether interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 can be directed to be paid from the date of the original application for maintenance or only from the date of the application for interim maintenance?
Final Decision
The petition is allowed in part. The impugned order is modified to the extent that the maintenance shall be payable from the date of the application for interim maintenance. Rule is made absolute in those terms.
Law Points
- Interim maintenance under Section 125 CrPC can be granted from the date of application for interim maintenance
- not necessarily from the date of the original maintenance application
- Maintenance under Section 125 CrPC is intended to prevent vagrancy and destitution
- The court has discretion to award maintenance from either the date of application or the date of order under Section 125(1) CrPC
Case Details
2013 LawText (BOM) (12) 33
Criminal Writ Petition No. 667 of 2013
Mr. M.S. Choudhary for petitioner, Mr. S.G. Bhalerao for respondents
Shaikh Siraj Shaikh Burhanoddin
Smt. Shaikh Farzana Begum W/o Shaikh Siraj and another
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal Writ Petition challenging an interim maintenance order under Section 125 CrPC
Remedy Sought
Petitioner sought modification of the interim maintenance order to direct payment from the date of application for interim maintenance instead of from the date of the original maintenance application
Filing Reason
The petitioner contended that the Magistrate wrongly directed payment of interim maintenance from the date of the original application, whereas it should have been from the date of the application for interim maintenance
Previous Decisions
The Magistrate passed an interim maintenance order under Section 125 CrPC directing payment from the date of the original application
Issues
Whether interim maintenance under Section 125 CrPC can be directed to be paid from the date of the original application for maintenance or only from the date of the application for interim maintenance?
Submissions/Arguments
The learned counsel for the petitioner submitted that the maintenance has wrongly been made payable from the date of the original application, whereas the same should have been made payable from the date of the application for interim maintenance.
Ratio Decidendi
Interim maintenance under Section 125 CrPC can be granted from the date of the application for interim maintenance, not necessarily from the date of the original maintenance application. The court has discretion under Section 125(1) CrPC to award maintenance from either the date of application or the date of order, but in the context of interim maintenance, it is appropriate to direct payment from the date of the application for interim maintenance.
Judgment Excerpts
The challenge in this Writ Petition is to an interim order of maintenance passed by the Magistrate under the provisions of Section 125 of the Code of Criminal Procedure...
In the course of the arguments, the learned counsel for the petitioner submitted that the maintenance has wrongly been made payable from the date of the original application, whereas the same should have been made payable from the date of the application for interim maintenance.
Procedural History
The petitioner filed a Criminal Writ Petition under Article 227 of the Constitution of India challenging an interim maintenance order passed by the Magistrate under Section 125 CrPC. The petition was heard and disposed of by the High Court on 10 December 2013.
Acts & Sections
- Code of Criminal Procedure, 1973: 125
