Neutral Citation No. - 2025:AHC:19360 Court No. - 80 Case :- CRIMINAL REVISION No. - 4620 of 2024 Revisionist :- Smt. Priya Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Virendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for revisionist, learned counsel for opposite party no. 2 and learned AGA for the State. The instant revision has been preferred against the ex parte judgement and order dated 21.8.2024 passed in Criminal Case 710 of 2023, under Section 125 CrPC, whereby opposite party no. 2 has been directed to pay Rs. 10,000/- per month towards maintenance to the revisionist from the date of order. It is also directed that any amount received by the revisionist shall be liable to adjustment. Learned counsel for the revisionist submits that the operative portion of the ex parte judgement and order dated 21.8.2024 suffers from illegality so far as it awards maintenance from the date of order instead of date of application, i. e. 18.4.2023, as the same has been awarded in the teeth of the directions issued by the Hon'ble Apex Court in the case of Rajnesh Versus Neha and another, reported in 2021 (2) SCC 324. He further submitted that the Hon'ble Apex Court in the case of Rajnesh (supra) held that" Even though a judicial discretion is conferred upon the Court to grant maintenance either from the date of application or from the date of the order in Section 125(2) Cr.P.C., it would be appropriate to grant maintenance from the date of application in all cases, including Section 125 Cr.P.C. In the practical working of the provisions relating to maintenance, there is significant delay in disposal of the applications for interim maintenance for years on end. It would therefore be in the interests of justice and fair play that maintenance is awarded from the date of the application." Learned counsel for opposite party no. 2 did not dispute the submission made by made by learned counsel for revisionist in view of legal proposition laid down by the Hon'ble Apex Court in Rajnesh (supra) but he submitted that the amount of maintenance awarded in the impugned judgement and order needs no interference. Considering the rival submissions made by learned counsel for the parties and keeping in view the law laid down by the Hon'ble Apex Court in Rajnesh (supra), this Court is of the considered view that the Court below has committed a legal error while awarding maintenance at the rate of Rs. 10,000/- per month to the revisionist from the date of order, i. e. 21.8.2024, instead of giving effect from the date of filing of application, i. e. 18.4.2023, therefore, the impugned judgement and order dated 21.8.2024 is liable to be modified. Thus, impugned judgement and order dated 21.8.2024 is modified to the extent that the maintenance awarded by the Court below at the rate of Rs. 10,000/- per month will be payable from the date of filing of application under Section 125 CrPC, i. e. 18.4.2023. Accordingly, the criminal revision is allowed. Order Date :- 5.2.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad