TMI Blog2005 (5) TMI 674X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Kusuma, a minor represented by her mother-guardian filed a petition under Section 125 of the Code of Criminal Procedure being Criminal Petition No.2 of 1991 before the trial Court against respondent claiming for maintenance. The said criminal petition was allowed by the trial court by its order dated January 20, 1993 awarding a sum of ₹ 500/- to the appellant, the wife of the respondent and a sum of ₹ 300/- to Kusuma, the daughter for maintenance. The appellant filed Criminal Miscellaneous Petition No.47 of 1993 under Section 125(3) of the Code of Criminal Procedure claiming an amount of ₹ 5,365/- as arrear maintenance calculated from January 20, 1993 (i.e. the date of the trial court's order granting maintenance) t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he IA-1 being barred by limitation. The appellant thereafter filed a criminal revision which came to be registered as Criminal Revision Petition No.194/ 2000 before the learned Sessions Judge, Tumkur. The said criminal revision petition was allowed by the learned Sessions Judge by its order dated November 23, 2002 and the matter was remanded back to the trial court. Learned Sessions Judge observed that there was no need of filing a fresh petition during the pendency of the application under Section 125(3) Cr. P .C. for maintenance which has fallen due for the period post application and it is implicit in the powers of the court to make an order directing the husband to make payment of arrears of maintenance up to the decision while disposin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m January 20, 1993 till the date of its filing, i.e. 16th June, 1998. This was objected to by the respondent-husband. Learned Single Judge of the High Court after considering the matter took the view that the arrears from September 1, 1993 to June 16, 1998 was barred by limitation and therefore, reversed the judgment of the learned Sessions Judge who had opined that there was no need for the appellants to file I.A.1 during the pendency of the Criminal Miscellaneous petition No.47 of 1993 as the appellants were entitled to the arrears of maintenance right from the date the Magistrate passed the order. 4. We have heard learned counsel for the parties and perused the records. The facts that emerge are that by an order dated 20th January, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 125(3) Cr.P.C. According to the respondent, the arrears of maintenance for the said period of eight months only were recoverable under Section 125(3), in view of the Crl. Misc. Petition No. 476 of 1993 filed on 1.9. 1993 wherein the issuance of warrant was sought for recovery of a sum of ₹ 5,365/- due for about eight months. As already noticed, the learned Magistrate dismissed I.A.1 of 1998 on the ground of limitation. However, the learned Sessions Judge having held that the bar of limitation did not apply, remitted the matter to the Trial Court for fresh disposal on a revision filed in the High Court by the husband, the present impugned order was passed allowing the revision and restoring the order of the Trial Court. 6. To a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s due up to that date were calculated and sought recovery of that amount under Section 125(3). Thus, I.A. 1 was filed even when Crl. Misc. Petition 47 of 1993 was pending and no action to issue warrant was taken in that proceeding. Crl. Misc. Petition of 47 of 1993 which was filed within one year from the date the amount became due was kept alive and it was pending although. The purpose of filing I.A. on 1st September, 1998 was only to mention the amount due upto date. The fact that the additional amount was specified in the I.A. does not mean that the application for execution of the order by issuing a warrant under Section 125(3) was a fresh application made for the first time. As already noticed, the main petition filed in the year 1993 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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