IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.134 of 2008 CHANDRA BHUSHAN KUMAR ………..Petitioner Versus 1. THE STATE OF BIHAR 2. SUNITA DEVI ……….Opposite parties ----------- 2. 14.11.2008. This application has been filed against the order dated 20.12.2007 passed by Principal Judge, Motihari in Case No. M73/07 thereby the petitioner has been directed to pay interim maintenance at the rate of Rs.1000/- per month from the date of filing of maintenance petition. Heard learned counsel for both the parties. The submission of learned counsel for the petitioner is that the court below has wrongly directed the petitioner to pay interim maintenance from the date of filing of the maintenance petition instead of from the date of the order. However, on the other hand learned counsel for opposite party submitted that Section 125(2) Cr.P.C. is itself very clear. It is for the court to direct the payment of maintenance or interim maintenance either from the date of the order or from the date of the application. Considered the submission of learned counsel for both the parties and perused Sub-section (2) of section 125 Cr.P.C. On perusal of sub section (2) it is quite clear that the Court can direct the husband to pay maintenance either from the date of the order or from the date of application i.e. application for interim maintenance. In this case, the application for interim - 2 - maintenance had been filed on 18.12.2007 and the order has been passed on 20.12.2007. Under the facts and circumstances, the order dated 20.12.2007 is thereby confirmed with the modification that the petitioner shall pay maintenance at the rate of Rs.1000/- per month from the date of filing of the petition for ad-interim maintenance i.e. 18.12.2007 instead of date of filing of the maintenance petition i.e. 16.4.2007. Accordingly, this application stands rejected. However, court below is directed to dispose of the maintenance application finally within three months from the date of receipt of this order. kanchan (Ghanshyam Prasad, J.)