ALLIPEERA SAB Vs. KHADAR BEE

JUDGEMENT

(1.) THIS petition is filed under Section 482 of the Code of Criminal Procedure, seeking to quash the order dated 28.6.2014 whereby the Fine Levy Warrant is issued against the petitioner herein/husband for recovery of arrears of maintenance due to the respondent No. 1 herein/wife.

(2.) FACTS briefly stated, the respondents are the wife and minor child of the petitioner. They filed a petition for maintenance against the petitioner under the provisions of Section 125 of the Code of Criminal Procedure. Their petition came to be allowed directing the petitioner herein to pay maintenance of Rs. 1,500/ - to his wife and Rs. 1,000/ - to the child vide order dated 3.4.2012; on the failure of the husband to comply with the said order, the wife and child moved a petition under Section 125(3) of Cr.P.C. for arrears of maintenance for the period from 8.3.2007 to 8.2.2013 (71 months) for an amount of Rs. 1,77,000/ -. Notice was ordered by the court to the petitioner herein.

(3.) SRI . Shivaraj Hiremath, learned Counsel appearing for the petitioner submits, a petition under Section 125(3) of Cr.P.C. for recovery of the maintenance amount has to be filed within one year from the date on which maintenance amount became due. The learned Magistrate allowed the petition Crl.Misc. No. 57/2011 granting maintenance from the date of the petition i.e., 8.3.2007 vide his order dated 3.4.2012. The recovery petition Crl.Misc. No. 163/2013 filed on 4.3.2013 for maintenance of Rs. 1,77,000/ - being the arrears from 8.3.2007 is barred by limitation and claiming lump sum arrears for the period of six years is not tenable. As per the provisions of Section 125(3) of Cr.P.C., no warrant shall be issued for recovery of any amount due under Section 125 unless application is made to the court to levy such amount within a period of one year from the date on which it became due. Hence, the order issuing FLW against him by the court below is patently erroneous and is liable to be set aside.