Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure Limitation Claimfor 1973 Arrears of Maintenance Sections 125 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: Sections 125(3), 'first proviso' and 125(1)-Arrears of Maintenance-Claim for-Limitation-Trial court ordered maintenance to wife and daughter under S. 125(1)-Petition filed by wife for recovery of maintenance but no payment made by husband-Instead, he filed revision in Sessions Court and then in High Court which were dismissed-Thereafter wife filed IA in the pending petition claiming, maintenance for the entire period-Challenge to on ground of being time bared under proviso to S. 125(3) CrPC-Held: IA cannot be dismissed as time-barred as the petition claiming arrears of maintenance was filed within one year from the date the amount became due and was pending althrough. Section 125 Social legislation-To be construed liberally for the welfare and benefit of wife and children. Appellant-wife filed a petition under Section 125 CrPC against respondent-husband claiming maintenance for herself and her minor daughter. On 20.1.1993, trial court awarded maintenance of Rs. 500 to the appellant and Rs. 300 to daughter. Appellant filed Crl. Misc. Petition No. 47/1993 to recover the arrears of maintenance for the period 20.1.1993 to 31.8.1993. Respondent preferred revision in Sessions Court and then in High Court. During the pendency of these revisions, the respondent did not pay any amount nor the Magistrate issued the warrant in terms of Section 125(3). Sessions Court and High Court both dismissed the revisions and affirmed the order of grant of maintenance. Thereafter, on 16.6.1998, appellant filed an IA seeking recovery of an amount of Rs. 46000 for the period 20.1.1993 to 16.6.1998. Respondent paid only Rs. 5365 for a period 20.1.1999 to 31.8.1999 and took a stand that no further amount was payable as the IA filed on 16.6.1998 was time barred under the proviso to Section 125(3) CrPC. Trial Court dismissed the IA on the ground of limitation while Sessions Court held that bar of limitation did not apply. Respondent was successful in revision before High Court. Hence the present appeal. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 266 |
Petitioner | Shantha @ Ushadevi And Anr. |
Respondent | B.g. Shivananjappa |
SCR | [2005] Supp. (1) S.C.R. 153 |
Judgement Date | 2005-05-06 |
Case Number | 673 |
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