PETER CLAVER LAKRA Vs. MOHNI LAKRA

JUDGEMENT

(1.) HEARD on I. A. No. 1/07, an application for condonation of delay. 1. For the reasons mentioned in the application, it is allowed and the delay in preferring this revision is condoned.

(2.) THIS revision is directed against the order dated 2. 12. 2006 passed by the learned judge, Family Court, Bilaspur in MJC No. 841/05 whereby learned Judge in an execution proceeding for recovery of maintenance amount awarded in MJC No. 160/06 by the chief Judicial Magistrate, Bilaspur has directed for issuance of warrant of arrest against the applicant herein for recovery of maintenance amount of Rs. 36,000 due and payable to the respondent herein.

(3.) THE only ground urged by learned counsel for the applicant in the present application is that as per proviso to Section 125 (3) of Cr. P. C. no warrant could have been issued for recovery of any amount due under this section unless the application is made to the Court to levy such amount within a period of one year from the date it became due. However, levy warrant has been issued for recovery of maintenance amount for a period of three years, which is not permissible under the law.