AKHTARKHANUM Vs. FATEH AHMED

JUDGEMENT

(1.) This petition filed under Sec. 397 r/w 401 Cr.P.C. is by the wife against her husband, challenging the order passed by the Family Court by which her petition for recovery of maintenance for a period beyond 12 months from the date of petition came to be rejected, holding that it is barred by limitation.

(2.) The marriage of petitioner and respondent was solemnized on 10/5/1994. It is alleged that as the respondent started ill treating the petitioner, she was forced to leave the matrimonial home. Since he did not provide any maintenance to her, she approached the II Addl. Civil Judge and JMFC, Dharwad in Crl.Misc.No.124/07. It was allowed granting maintenance at Rs.5000.00 per month. In Crl.P.No.10871/2011 filed by the respondent, this Court reduced the maintenance to Rs.2500.00 per month. Later, petitioner filed Crl.Misc.No.246/2014 before the Family Court wherein the maintenance was enhanced to Rs.4000.00 per month vide order dtd. 27/9/2016. Since respondent failed to comply with the order passed by the Family Court, petitioner filed Crl.Misc.No.241/2015 under Sec. 125(3) Cr.P.C for enforcing the order. However, by the impugned order, the Family Court has dismissed the same on the ground that it is barred by limitation.

(3.) Aggrieved by the same, the petitioner is before this Court contending that it is not only erroneous, but also perverse, capricious and contrary to the settled principles of law and request to set aside. Sec. 125(3) does not stipulate any limitation. The same is not properly understood by the trial Court. Petitioner is entitled to receive the maintenance. Her legitimate right to receive the maintenance cannot be denied. Therefore order is liable to be set aside and hence the petition.