The date of order in Section 125(2) means the date of order of the Magistrate and not the date of revisional order

Smt Krishna Jain vs Dharam Raj Jain

Madhya Pradesh HC

04/01/1991

1992 CriLJ 1028

About/from the judgment:

DATE OF ORDER!

 

In view of the foregoing discussion we hold that the date of order in Section 125(2) means the date of order of the Magistrate and not the date of revisional order. Gafoor Ahmed's case so far it directs payment of allowance from the date of order of the revisional Court is not good law. The answers to the questions referred are: (1) Recording of reasons is essential in either case namely when the maintenance is granted from the date of application or from the date of order. (2) In the absence of reasons it does not automatically follow that the maintenance should be awarded from the date of order. (3) The date of order in Section 125(2) means the date of Magistrate's order and not the revisional order.

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