Laxmanbhai Karsanbhai Chauhan vs State Of Gujarat

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The petitioner-husband filed Special Criminal Application No. 5027 of 2015 seeking to quash the order dated 06.08.2015 passed by the 6th Additional Sessions Judge, Jamkhambhaliya, whereby the maintenance awarded to the respondent-wife was enhanced from Rs. 2,500/- to Rs. 7,500/- per month. Simultaneously, the respondent-wife filed Special Criminal Application No. 6002 of 2015 seeking further enhancement of the maintenance amount and correction of the date from which maintenance was to be calculated.

The Gujarat High Court, relying on the Supreme Court's landmark judgment in Rajnesh v. Neha, reported in (2021) 2 SCC 324, held that maintenance under Section 125 Cr.P.C. must be awarded from the date of filing of the application, and not merely from the date of passing of the order. The court accordingly modified the impugned order to the extent that maintenance would be payable from the date of filing of the application before the Magistrate, granting partial relief to the wife's application.

The husband's application was disposed of without pressing the merits, with liberty to both parties to approach the appropriate forum for further relief, including enhancement or reduction of the maintenance amount, in accordance with law.

Catchwords: maintenance Section 125 CrPC date of maintenance enhancement of maintenance matrimonial dispute Rajnesh v Neha date of application date of order wife's maintenance revision application