Supreme Court · 2008 INSC 871 · Decided 28 July 2008
Shail Kumari Devi & ANR. v. Krishan Bhagwan Pathak @ Kishun B. Pathak
- Court
- Supreme Court of India
- Citation
- 2008 INSC 871 · [2008] 11 S.C.R. 386
- Case number
- CIVIL APPEAL No. 4666/2008
- Decided
- 28 July 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 125
Headnote
)' ~ Code of Criminal Procedure, 1973 - s. 125: Maintenance - Entitlement to - From date of applica- c tion or from date of order- Held: Maintenance can be awarded from the date of order, or, if so ordered, from the date of appli- cation for maintenance, as the case may be - For of application, express order is nee- essary - No special reasons, however, are required to be re- D corded by the Court - No such requirement can be read in sub section (1) of s.125 in absence of express provision to that effect. Maintenance - Quantum of- Family Court granted main- E tenance
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