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Head Note

The Code of Criminal Procedure, 1973  - Section 125 , Section 354 (6)

Maintenance - Effective date - Reasoned order - Held that every final order under Section 125 of the Cr.P.C. must contain points for determination, the decision thereon and the reasons for such decision - Section 125 and Section 354 (6) must be read together - Section 125 of the Cr.P.C. impliedly requires the Court to consider making the order for maintenance effective from either of the two dates, having regard to the relevant facts - For good reason, evident from its order, the Court may choose either date - It is neither appropriate nor desirable that a Court simply states that maintenance should be paid from either the date of the order or the date of the application in matters of maintenance - Thus, as per Section 354 (6) of the Cr.P.C., the Court should record reasons in support of the order passed by it, in both eventualities.

Topic(s)-Maintenance - Effective date - Reasoned order required