LAKSHMAN RAO SAKHARAM SURVASE Vs. MANGALA

JUDGEMENT

(1.) The short point that falls for determination in this Criminal Petition filed u/S.482, Cr. P.C. is whether in an application filed u/S. (3) of S.125, Cr. P.C. by a person awarded maintenance u/sub-s. (1) of S. 125, Cr. P.C., no warrant shall be issued by the Magistrate for the recovery of any amount beyond the period of one year prior to the date on which it became due by virtue of the first proviso to S. 125(3), Cr. P.C.

(2.) Petitioner is the husband of the respondent. Respondent filed an application u/S. 125(1) Cr.P.C. in the Court of the J.M.F.C.II Court, Bijapur, (for short 'the Magistrate') in Cr. Misc. case No.97/81 for recovery of maintenance from the petitioner. After contest, respondent's petition was allowed and the petitioner was directed to pay maintenance to the respondent at Rs.200/- per month from the date of her application by order dated 18-9-87 passed in Cr. Misc. Case No. 97/81.

(3.) Feeling aggrieved by that order, petitioner filed Cr. Disc. Rev. Petn. No.183/87 in the Court of the Sessions Judge, Bijapur and obtained stay of the order of the learned Magistrate dated 18-9-87. The said Revision Petition was dismissed on 15-2-88. Thereafter, respondent filed an application u/S. 128, Cr. P.C. in the Court of the learned Magistrate in Cr. Misc. No. 170/88 for recovery of arrears of maintenance due to her by the petitioner for the period from 23-9-81 to 23-10-88 amounting to Rs. 17,100/-. Petitioner contended in the said case that the respondent cannot claim and recover main tenance from him for any period beyond one year from the date of her application by virtue of the proviso to S. 125(3), Cr. P.C. Learned Magistrate negatived that contention by order dated 20-7-1889.