PUNDALIK Vs. SHARADABAI

JUDGEMENT

(1.) THIS revision petition is filed by the petitioner who is none other than the husband of respondent Sharadabai under Sec. 397 r/w 401 of the Cr. P. C. to set aside the order dated 17/7/2003 passed by the Fast track Court, Bijapur in Cri. R. P. No. 114/ 2001 and to confirm the order dated 11/4/2001 passed by the Civil Judge (Jr. Dn.) and J. M. F. C. , Indi in Cri. M. No. 2/1998.

(2.) ASSAILING the said order, the revision petitioner has come up with this revision petition mainly on the ground that the impugned order under challenge is not only illegal and against the material evidence placed on record but also incorrect in allowing the revision petition filed by the respondent before the Fast track Court holding that the recovery proceedings initiated by the respondent under sec. 125 (3) of Cr. P. C. for recovery of arrears of maintenance as ordered by this Court in Cr. R. P. 23-93 with effect from 3-5-1989 is maintainable. The Court below has not considered or verified as to whether there was any stay or interim order obtained by the husband of the respondent-petitioner herein, when the revision petitions are pending before the sessions Judge and this Court. Since there was no stay order operating against the respondent as such the order under challenge directing the revision petitioner to pay arrears of maintenance with effect from the date of the order i. e. , 30-5-1989 is incorrect, when there is a bar of limitation under Sec. 125 (3) of Cr. P. C. Hence, this revision petition.

(3.) HEARD the arguments of Sri Chagashetty learned counsel for the petitioner and Sri C. H. Jadhav learned counsel for the respondent and perused the records.