Neutral Citation No. - 2025:AHC:19218 Court No. - 80 Case :- CRIMINAL REVISION No. - 2134 of 2024 Revisionist :- Smt Neha Tripathi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohd. Ashraf Abbasi Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. This criminal revision has been filed against the ex-parte judgement and order dated 1.2.2024 passed by Principal Judge, family court, Kanpur Nagar in case no. 1547 of 2023, under section 125 Cr.P.C. whereby respondent no. 1 has been directed to pay Rs. 10,000/- as maintenance to the applicant Smt. Neha Tripathi from the date of order. Notice issued to respondent no. 2 has been served on him but none appeared on his behalf. Heard learned counsel for the revisionist and learned AGA for the State. Learned counsel for the revisionist submitted that main grievance of the revisionist is that the learned court below in ex-parte judgement and order has directed to respondent no. 2 to pay maintenance to the revisionist from the date of order whereas it should be from the date of filing of application, even no ground has been disclosed as to why maintenance has been awarded from the date of order whereas law has been settled by Hon'ble Supreme Court in Rajnesh vs. Neha (2021) 2 SCC 324 that in all cases, maintenance should be awarded from the date of filing of application. Learned AGA also countenanced the contention raised by learned counsel for the revisionist. On perusal of the impugned order it appears that the court below has given finding that the applicant Neha is legally wedded wife of opposite party Ashish Mishra; the applicant had also filed a marriage registration certificate in support of her version, wherein, reliance was placed by the court below; the court below has also given finding that the applicant is living separately from her husband for sufficient reason; she is unable to maintain herself whereas the opposite party is able to maintain his wife; the applicant has also filed affidavit of disclosure of assets and liability in compliance of direction of Hon'ble Supreme Court in Rajnesh vs. Neha, wherein, she has categorically stated that she is qualified upto M.A. but she is not engaged in any occupation and on this basis also learned court below has given finding that she is not able to maintain herself. Learned court below has observed that the applicant has stated that her husband works in Air force from where he earns Rs. 80,000/- per month; apart from it, he also possessed Pakka house in the village; he also earns Rs. 3,00,000/- from agricultural activities. In the opinion of the court below, considering the financial situation of both sides and taking into consideration the fact that the opposite party employed in Air force and he also possessed a Pakka house in native village and has agricultural land to his credit, it would be in the fitness of things to provide maintenance to the applicant @ Rs. 10,000/- per month from the date of judgement. Hon'ble Supreme Court in Rajensh vs. Neha gave interpretation of section 125 (2) Cr.P.C. wherein it is provided that any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. Hon'ble Supreme Court has held that maintenance or interim maintenance in all cases shall be payable from the date of filing of application, therefore, the impugned order is in contravention of guidelines issued by Supreme court in Rajnesh vs. Neha to the extent that maintenance awarded to the applicant is made enforceable from the date of order instead of making it enforceable from the date of filing of application and accordingly, the impugned order is not sustainable to the extent as stated above. Consequently, the revision is liable to be allowed and the impugned order is set aside to the extent that the maintenance awarded to the revisionist shall be made enforceable from the date of judgement. It is directed that the maintenance awarded in the impugned order shall be payable to revisionist from the date of filing of application. The revision is allowed accordingly. Order Date :- 10.2.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad